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GOVERNMENT 
AND THE PEOPLE 



BY 

JOSEPH RAGLAND LONG 

PBOFKSSOK OK CONSTITUTIOM.M, LAW, WASHINGTON AND I.EE INIVERSITT 



CHARLES SCRIBNER'S SONS 

NEW YORK CHICAGO BOSTON 

ATLANTA SAN FRANCISCO 






Copyright, 1922, by 
CHARLES SCRIBNER'S SONS 



Printed in the United States of America 
B 



DEC 19 '22 




CU69076^ 



PREFACE 

The American constitutional system is probably the most 
complicated scheme of government in the world. It is there- 
fore not strange that the system is imperfectly understood 
even by intelligent and well-informed American citizens. This 
book is an attempt to bring to the young people of our country 
a clearer understanding of our government and our institu- 
tions. At this time of world-wide unrest and disturbance, it 
is especially important that we have set forth clearly and con- 
vincingly the plans of governmental machinery as well as those 
enduring principles which have made possible in the United 
States the development of the most successful democracy in 
the world. 

Believing that the principles of constitutional government 
adopted by the founders of our republic are sound, and that 
"no development of social or industrial life changes a true 
principle," I have tried to explain adequately these principles 
and to show how they work in actual experience. However, 
the object has been, not only to describe the machinery of 
government, but also to make clear the underlying philosophy 
of democratic government. My aim has been to write a book 
that would in the best possible way inspire loyalty to our in- 
stitutions by making them known, believing that our people, 
once understanding our political heritage and institutions, will 
respect them and cherish them. 



iv PREFACE 

Good citizenship must begin with an understanding of the 
principles and ideals of our government. But it does not stop 
there. The good citizen must put these principles and ideals 
into practice in the relations of every-day life. 

Upon the teachers of our boys and girls falls a goodly share 
of the sacred responsibility to show by example and to teach 
what it means to be a good American to-day by living up to 
the ideals of our forefathers in all that makes for worthy citi- 
zenship in our great republic. 

Joseph R. Long. 



CONTENTS 



CHAPTER PAfiB 

I. General Introduction 1 



PART I 
The American Constitutional System 

II. Historical Development 13 

III. General Description of the American Govern- 

ment 2(3 

i. the federal government 

IV. The Congress 38 

V. The President 54 

VI. Executive Departments and Agencies ... 67 

VII. The Federal Courts 77 

II. the state governments 

"\TII. The States in General 85 

IX. The State Legislatures 101 

X. The State Executive Departments .... 112 

XI. The State Courts 116 



vi ■ CONTENTS 

. III. LOCAL GOVERNMENT 

CHAPTEK PAGE 

XII. Local Government in General 121 

XIII. County Government 127 

XIV. Municipal Government 132 

PART II 

Civil and Political Rights and Privileges 

XV. Liberty and Civil Rights 143 

XVI. . Citizenship 166 

XVII. Suffrage and Elections 171 

XVIII. Political Parties . 183 

XIX. Popular Control in Government 193 

PART III 
Public Problems and Activities 

XX. Functions of Government 208 

XXI. Public Finance 219 

XXII. Money and Banking 237 

XXIII. Public Education 255 

XXIV. Commerce, Business, and Communication . . 266 
XXV. Labor, Capital, and Industry 285 

XXVI. Social Problems and Regulations .... 307 

XXVII. Municipal Functions and Activities .... 325 



CONTENTS Vii 

PART IV 

Special Topics 

CHAPTER PAGE 

XX\'III. The People of the United States .... 358 

XXIX. Natural Resources of the United States . . 369 

XXX. Territories and Dependencies 387 

XXXI. X'ational Defense 398 

XXXII. Foreign Relations of the United States . . 40G 

A. Outstanding Problems and Topics for Study . . 425 

B. Constitution of the United States 439 

IxDEX • 457 



ILLUSTRATIONS 



PAGE 



The Constitutional Convention, Philadelphia, 1787 .... 17 

Airplane view of the Capitol at Washington 45 

Airplane view of the White House at Washington .... 55 

President Harding and his Cabinet 69 

Members of the Supreme Court of the United States ... 81 

A State legislature in joint session 102 

Graphic presentation of a city budget 137 

Children's Court in one of our cities 141 

A court-room 159 

Applicants for first citizenship papers 168 

Interior of a polling-place 180 

U. S. submarines in the Gatun Lock of the Panama Canal . 220 

One battleship, with ammunition, costs $40,000,000 .... 222 

The cost of one battleship would endow four universities like 

Princeton 223 

Machine in a U. S. Mint which punches out gold pieces at the 

rate of 360,000 an hour 242 

The money of the United States, according to kinds .... 248 

Our agricultural schools are giving great attention to the feeding 

and housing of swine 260 



X ILLUSTRATIONS 

PAGE 

Exhibition of cattle held by the Agricultural College of one of 
our universities 281 

Community-market in a Southern county 233 

Part of the Columbia River Highway 276 

The Phantom Canyon Highway, Colorado, built entirely by 
volunteer labor recruited from neighboring citizens . . . 279 

Sorting parcels-post mail in a U. S. post-office 281 

Mail service by airplane 282 

A laborer and capitalist in one person 287 

A 14,000-ton hydraulic press, forging a heavy open-hearth steel 
plate in a large steel plant 291 

Great risks are taken by steel construction workers and special 
provision should be made for their protection 298 

Two hands are needed to run this steel press, so lessening the 
chance of accident to the operator 303 

Patients with symptoms of tuberculosis being instructed in work 
which will enable them to earn a livelihood while undergoing 
treatment 309 

A class for backward or uneducated inmates in one of our State 
prisons 314 

The Canard Building, one of the large office-buildings in New 

York City 327 • 

Fifth Avenue, New York City 329 ' 

A part of the water-front at Des Moines, Iowa, before improve- 
ment ' 330 

Same water-front after improvement 331 

The fire-tug is of great value in fighting fires on the water-front 334 

Health inspection and free treatment given by the city . . . 338 



ILLUSTRATIONS XI 

PAGE 

A view of the toiuMiient district in a large city 341 

During tlie summer months showers are attached to fire hydrants 

for the relief of children in the poorer districts of the city . 344 

The Los Angeles acjueduct 347 

The great water-power ])lant at Niagara Falls 350 

A comnmnity swimming-pool in one of our large cities . . 353 

Immigrants arriving in New York Cit}^ 360 

A class in English for foreigners 362 

Chart showing our food productions, compared with other coun- 
tries 370 

Fighting a forest hre 373 

Chart showing our resources and how we are 'using them . . 376 

Yellowstone Park . 379 

Demonstration of stock on agricultural train sent out by a uni- 
versity 382 

Demonstration class in train sent out by university .... 383 

Plant immigrants arriving at Washington, where they undergo 

examination 384 



GOVERNMENT AND THE PEOPLE 



CHAPTER I 
GENERAL INTRODUCTION 

1. Why the United States Is a Great Nation. — The people 
of the United States may well claim to be the strongest, rich- 
est, and happiest nation in the world. Their country sur- 
passes all others in the advantages of climate, geographical 
position, and natural resources. Also, it is of vast extent, 
stretching from the Atlantic to the Pacific, the United States 
has an area of over three million square miles (3,025,600), or 
about three-fourths that of the whole of Europe (3,781,647), 
while if Alaska and the insular possessions are included, the 
total area (3,754,771) will about equal that of Europe. 

In the character of the American people is found another 
reason for the high position which the United States has taken 
among the nations of the earth. The people of the United 
States are industrious, resourceful, and progressive. Their 
progress in material things excites the admiration of the world. 
But their spiritual and moral qualities are even more important 
than those which have made for their material prosperity. 
From the beginning these law-abiding and God-fearing people 
have been lovers of liberty, justice, and the home. While 
ever ready to assert and defend their own rights, they have, 
as individuals and as a nation, respected the rights of others. 

In this country for the first time in the history of the world 
the principles of democracy were fully established. There are 
no favored classes, no lords and nobles living above and upon 
the great masses of the common people. All men are equal 
before the law. There are, indeed, inequalities. Some men 
stand far above the rest in character, wealth, position, and 

1 



2 GOVERNMENT AND THE PEOPLE 

personal attainments. But these inequalities are not because 
of birth or special privilege; they depend upon the man him- 
self. In Europe and in Asia there are fixed classes of society; 
it is almost impossible for a man to rise above the station in 
life to which he was born. In this country a man's progress 
from the lowest to the highest position depends upon his own 
character, ability, and efforts. Not equality in these respects, 
but equality of opportunity is the governing principle of the 
American spirit.* Further, we find in this country beyond 
most others the spirit of co-operation, the cornmunity spirit. 
Individual independence and mutual helpfulness go hand in 
hand. A people with the American characteristics and spirit 
would be happy, prosperous, and strong even in a land less 
favored by nature. 

Lastly, the high position of this country and the prosperity 
and happiness of its people have been due to its form of gov- 
ernment. This, perhaps, is not so easy to see. The average 
person probably gives little thought to this subject, and fails 
to realize how much his personal welfare depends upon the 
kind of government under which he lives. One of the objects 
of this book is to describe the government under which the 
people of the United States have enjoyed a degree of liberty, 
prosperity, and national happiness never before known in the 
history of the world. 

2. The Importance of Government. — Without government 
it is impossible for human beings to live together in peace and 
comfort. Only a person living absolutely alone can do with- 

* "But we must know what democracy is. It does not mean that one 
man is as good as another; but simply that all are good enough to have 
a voice in saying who the best ones are. It does not mean that one man 
is as wise as another, but that all men are wise enough to vote for the 
wisest and put the reins of power into their hands. Democracy is not 
Communism — which denies all differences in capacity and attainment. It 
is not Socialism — which would abolish all differences by government con- 
trol. Democracy glories in differences, provided they are real and not 
artificially created. Democracy means that every man shall have a chance 
to become the finest, largest man he is capable of becoming and to render 
the greatest possible service to his country and the world." — W. P. Faunce. 



GENERAL INTRODUCTION 3 

out government. From the earliest times we find that wher- 
ever two or more persons live together there is always some 
form of government. The child sees government in the home. 
Here he is taught to respect the authority of his parents and 
the rights of his brothers and sisters. When he goes to school 
he comes in contact with government as administered by the 
teacher and the other school authorities, and when he enters 
the larger fipld of life he encounters the government of the town, 
the county, the state, and the nation. From the cradle to 
the grave he finds government all around him. 

Persons who have always lived in a well-governed country 
like the United States can hardly realize how important their 
government is to them. We take as a matter of course the 
blessings of liberty which we enjoy with little thought for the 
government which makes these blessings possible. But to 
appreciate how much we owe to good government, we have 
only to look at other countries which are or have been without 
good governments. Some of the most favored portions of 
the globe, rich in natural resources and climatic advantages, 
are undeveloped and their inhabitants are miserable simply 
from the lack of good government. Such are Mexico, Hayti, 
and some parts of Asia. The condition of Russia after the 
World War shows how government may affect a great and 
rich country.* On the other hand, some countries, not greatly 
favored by nature, are inhabited by prosperous and contented 
peoples, largely because with a good government life becomes 
possible and attractive. 

3. Some Definitions. — We must now define some terms 
used in discussions of government. The word govern is derived 

* It is related of Confucius that on one occasion while journeying; with 
some of his disciples he came upon a woman weeping at a grave. When 
asked the reason of her grief she replied: "My husband's father was killed 
here by a tiger, and my husband also, and now my son has met the same 
fate." Then, on being asked why she did not leave so fatal a spot, she re- 
plied that there was there no oppressive government. "Remember this," 
said Confucius to his disciples, "remember this, my children: oppressive 
government is fiercer and more feared than a tiger." 



4 GOVERNMENT AND THE PEOPLE 

from the Latin word meaning to steer or guide, as a ship, and 
a governor is a pilot or steersman. From this comes the word 
government, which means the administration of the affairs of 
the state. A government, or the government, is the agency 
by which government is administered, that is, the persons who 
carry on the work of government. That branch of knowledge 
to which the subject of government belongs is known as political 
science, or the science of politics, or, more shortly, as "civics." 
A state is a body or society of persons organized as an inde- 
pendent political unit. It is in the nature of men to associate 
together for purposes of common defense and mutual advan- 
tage. As Aristotle said, "man is a political animal." Any 
association of persons united under some form of government 
and independent of other peoples, constitutes a state. Usually 
a state occupies some definite territory which it claims as its 
own, and without such territory a civilized state could not ex- 
ist. However, nomadic tribes, occasionally to be found, which 
preserve their organization while wandering about from place 
to place, may be considered states in a political sense though 
without a fixed abode. The term state as here used should 
not be confused with the same word meaning one of the mem- 
bers of the United States, which is not a fully independent 
state in the political sense. 

The term nation is often used as synonymous with state, 
and this is its ordinary meaning in political science. But pri- 
marily a nation is a people of the same race, with common an- 
cestry, language, and traditions. In this sense a nation, unlike 
a fully developed state, need not have any territory of their 
own. Thus the Jews may be spoken of as a nation, although 
they have no country of their own but are scattered throughout 
the earth. The British Empire is a state and comprises many 
nations in this sense; but using the term in its secondary or 
political sense, .the British Empire is a single nation. For the 
primary meaning of the term nation the word race is commonly 
used. The term people is often used in the sense of nation or 
state. 



GENERAL INTRODUCTION 5 

4. Sovereignty. — By sovereignty is meant the sum of all 
political power vested in an independent state. A state is sov- 
ereign when it is politically independent of all other states and 
has complete power of self-control. It is a principle of inter- 
national law that all independent states are politically equal, 
however much they may differ in population, resources, and 
power. They are all equally sovereign. If a country is in any 
respect subject to the control of any other country, it is to 
that extent not fully sovereign. The tiny republic of San 
Marino, with an area of thirty-three square miles and a popu- 
lation of about 15,000, is a sovereign state; but the rich island 
of Cuba is not absolutely sovereign because of the limited con- 
trol retained by the United States over its affairs. The person 
or persons in whom the sovereign powers of a state are vested 
are the sovereign or sovereigns. 

If national sovereignty is vested in a king, emperor, czar, 
or other ruler, who rules as he sees fit, the government is an 
autocracy, and the ruler is an autocrat. Where the sover- 
eignty is in a superior class of persons, the government Is an 
aristocracy, and where the powers of government are concen- 
trated in a few persons, whether of the nobility or of the com- 
mon people, the government is an oligarchy. Where the sov- 
ereignty is vested in the people as a whole, who, in one way or 
another, exercise the powers of government, the government 
is a democracy. It is possible for a government to be nominally 
democratic but actually controlled by a small group of profes- 
sional politicians, who, while governing in the name of the 
people, in fact constitute an oligarchy. 

5. The Forms of Government. — There are two principal 
forms of government, monarchical and republican. 

A monarchy is a state in which the ruler is a hereditary mon- 
arch, whether called king, emperor, prince, or what-not. More 
countries have had the monarchical form of government than 
any other. The power of the monarch has varied at different 
times and in different countries. In an absolute monarchy the 
personal will of the monarch is supreme, and the government 



6 GOVERNMENT AND THE PEOPLE 

is an autocracy. The monarch has over his subjects the power 
of hfe and death. Such extreme power has oftea been exer- 
cised by Oriental monarchs, and by the early czars of Russia. 
In a limited monarchy the power of the monarch is restricted 
by the constitution of the country. Practically all modern 
monarchies are limited, or constitutional, monarchies. In no 
enlightened country has the monarch absolute power. 

A republic is a state in which the ruler, or rather the execu- 
tive, is chosen directly or indirectly by the people. A re- 
public is almost necessarily a democracy, since the people 
rule, but a democracy is not necessarily a republic. A democ- 
racy may have a monarchical form of government. All free 
countries are democratic, that is, in them the sovereignty is 
vested in the people, but the form of the government may vary. 
The form of the government — that is, the manner in which the 
people exercise their power — is not the material thing in deter- 
mining whether or not the government is democratic. The 
essence of democracy consists in the fact that the power be- 
longs to the people, however they may exercise it. In a de- 
mocracy the officers administering the government are the 
agents or servants of the people, by whatever name they may 
be called. Thus Great Britain is a democracy, though the 
formal head of the government is a king. As a rule, however, 
the head of a democracy is a president, as in France, the United 
States, and the republics of South America. 

6. The Forms of Democracy. — Democracy takes two prin- 
cipal forms, (1) pure democracy and (2) representative democ- 
racy. In a pure democracy the people rule themselves directly. 
They meet in popular assemblies and make laws, settle private 
controversies, decide public questions, elect public officers, and 
administer the affairs of the state or community generally. A 
perfect example of a pure democracy may be found in a school 
literary society, or in a social club, or in some churches, in 
which every member has the right to vote, to enter into the 
public discussions, and to hold office. This form of govern- 
ment is not possible except where the number of persons con- 



GENERAL INTRODUCTION 7 

cerned is small. A large population cannot meet in a single 
assembly, and, moreover, government requires deliberation, 
and a crowd cannot deliberate. 

The pure form of democracy has seldom been employed by 
states, and then only on a very small scale. None of the great 
nations of the ancient world, Egypt, Babylon, Assyria, the 
Roman P^mpire, etc., were democracies. The early city-states, 
Athens and Rome, were pure democracies so far as their own 
citizens were concerned, though not as to the population as a 
whole. Political privileges were reserved for the citizens, and 
a large part of the population were slaves or non-citizens. The 
popular assem])lies of Athens and Rome were composed of the 
comparatively small number of citizens. In modern times the 
best known if not the only examples of pure democracy are 
afforded by the government of some of the smaller cantons of 
Switzerland and government by town meetings in New Eng- 
land. Direct democracy is impossible for any population large 
enough to constitute a state or nation in any real sense. De- 
mocracy on a large scale was made possible by the invention 
of the principle of representation. 

A representative democracy is a government conducted by del 



egalT>s or officers chosen directly or indirectly by the people 
In a- representative democracy the citizens ^o noTlict in per- 
son but through proxies or representatives chosen by them. 
In a pure democracy the citizens cast their votes in the popular 
assembly; in a representative democracy the votes are cast at 
voting places conveniently distributed throughout the country. 
In a pure democracy the people themselves make laws and 
administer the government; in a representative democracy the 
people merely vote for public officers, or perhaps on certain 
general questions of policy or administration. All modern de- 
mocracies of national size are of the representative tx^e. 

7. Constitutional Government. — All enlightened countries 
have constitutional governments. Constitutional government 
is government according to fixed principles, as opposed to gov- 
ernment arbitrarily administered according to the personal will 



8 GOVERNMENT AND THE PEOPLE 

of the ruler. A constitution* is the fundamental law of a na- 
tion, in accordance with which the government is organized 
and its powers are exercised. It is the sum of the fundamental 
and permanent principles, whether written or unwritten, under 
which the state is governed. 

All governments worthy of the name are organized and ad- 
ministered according to some permanent principles, such as 
those determining the succession upon the death of the ruler, 
or the national religious or other customs which even uncivi- 
lized peoples recognize as binding upon ruler and people alike. 
But this is not what is meant by constitutional government. 
It is only when the fundamental customs and principles are 
sufficiently numerous and definite to constitute a system or 
scheme of government, with clearly defined limitations pro- 
tecting the people from the exercise of arbitrary power, that it 
is proper to dignify them with the name of constitution. At 
present all civilized governments are constitutional govern- 
ments, though some countries have more fully developed con- 
stitutions than others. The trend of political history has been 
away from arbitrary government to constitutional government, 
and with the development of constitutions men have every- 
where progressed toward freedom. 

A constitution may be written or unwritten. A constitution 
is written when all its provisions are formally reduced to writ- 
ing; a constitution is unwritten when some or all of its provi- 
sions have not been set forth in definite and authoritative 
written form, but exist only in the form of statutes, judicial 
declarations, or settled national purposes or institutions. 
The Constitution of the United States is the most notable 
instance of a written constitution. At present most of the civi- 
lized nations have written constitutions covering more or less 
completely their schemes of government. Some of these, nota- 
bly those of South America, are to a considerable extent based 
upon the Constitution of the United States. 

* In this book the word "constitution" is printed with a capital when it 
refers to the Constitution of the United States, but with a small letter when 
it refers to the constitution of a state, or is used in a general sense. 



GENERAL INTRODUCTION 9 

Modern constitutional government began and was largely" 
developed in England, significantly known as "the mother of 
parliaments." The British constitution is the most important 
example of an unwritten constitution. It consists of the body 
of principles found in ancient customs, precedents, royal grants, 
statutes, and the like, which by prescription or general accep- 
tance have become recognized as fundamental and binding on 
the government itself. Important elements of the British con- 
stitution are the great historic documents, the Magna Charta 
(1215) and its various extensions, the Habeas Corpus Act (1679), 
and the Bill of Rights (1688). Other important elements are 
trial by jury, the principles of the common law relating to per- 
sonal liberty, and modern cabinet government. 

An unwritten constitution is possible only in an old and long- 
settled country with well-established national habits. It is a 
thing of slow growth, developing gradually out of the life of 
the people, and is an impressive expression of that life. Even 
in countries with written constitutions, additional principles 
are gradually added or changes are made by custom which may 
be termed unwritten amendments to the constitution. A num- 
ber of these are found in the constitutional system of the 
United States, for example, the tradition against a third term 
for the President, the change in the function of presidential 
electors, the party system, the principle of "senatorial cour- 
tesy," etc. 

8. Constitutional and Statute Law Distinguished. — No dis- 
tinction in constitutional law is more important than that be- 
tween the constitution and ordinary legislation. By a failure 
in practice to observe this distinction constitutional govern- 
ment may be broken down and freedom in a democracy be- 
come endangered. 

The constitution is the organic or fundamental law of the 
state. It institutes the government, and confers, defines, or 
limits its powers. The adoption of a constitution is the solemn 
and deliberate act of the sovereign people by which they de- 
clare the principles upon which ihey choose to be governed. 



10 GOVERNMENT AND THE PEOPLE 

It should contain only the fundamental and permanent prin- 
ciples by which the several departments of the government are 
to be guided, and, from its nature, should rarely need amend- 
ment. A statute, on the other hand, is enacted by the legisla- 
ture, which is not a sovereign body but is itself instituted by 
the constitution. It does not necessarily embody any prin- 
ciple, but is usually merely an application to the ordinary life 
of the people of the principles laid down in the constitution. 
There is no necessary permanence about it, for it deals with the 
shifting conditions of the day. A statute may be repealed or 
amended by the legislature at pleasure; a constitution can be 
changed only by the sovereign people who ordained it. From 
the difference in nature between constitutional and statutory 
law it would seem plain that the two kinds of law should not 
be combined in the same instrument. 

9. Majority Rule. — It is a fundamental principle of democ- 
racy that the will of the majority shall prevail. In a consti- 
tutional democracy, however, this does not mean the unre- 
strained rule of the majority. Government bj^ the unrestrained 
majority is not real democracy but mob rule. If individuals 
and minorities have no rights which the majority are bound to 
respect, there is no freedom, but only tyranny. ''Libert}^ to 
be enjoyed," said Edmund Burke, "must be limited by law, 
for where law ends there tyranny begins; and the tyranny is 
the same, be it the tyranny of a monarch or of a multitude; 
nay, the tyranny of the multitude may be the gi'eater, since it 
is a multiplied tjrranny." 

The only true democracy is government by the majority ac- 
cording to fixed principles established by the majority itself. 
It is government for the benefit of all, and not merely of the 
majority. It depends upon the observance of certain and per- 
manent principles of justice found in the constitution, which 
expresses the real and permanent will of the people. It is the 
constitution that safeguards the rights of individuals and of 
the minority by holding in check the temporary will of the 
people swayed by the passion or exigencies of the moment. 
Unless the majority temporarily in power are willing or can 



GENERAL INTHODrC'TTOX 11 

1)0 made to abide by the constitution, democracy must be a 
failure, and political lil)erty is impossil)le. As has been said: 
"The supreme test of civil lihoity is our determination to pi-o- 
tect an unpopular minority in time of national excitement." 

10. The Best Form of Government. — Of the different forms 
of government, which is the best? In an absolute sense there 
is no best form of government. The best g;o\'ernment for any 
people is that government which best promotes their happiness 
and prosperity, and what might be best for one people might 
not be best for another. A primitive people neetl to be ruled 
from above; the onl}' form of sovereignty which they can un- 
derstand is a sovereignty vested in some superior person or 
persons. A king or chief is for them a necessity. A people with- 
out political enlightenment could not understand democracy. 

Democracy is the most difficult of all kinds of government. 
A successful democracy is possible only for a peoi)le who are 
capa))le of self-government. Unless a people have sufficient 
self-restraint and political intelligence to be intrusted with the 
difficult task of governing themselves, the establishment of a 
democratic government by or for them would be fatal to lib- 
erty. When a people not capable of self-government are left 
to govern themselves they soon lapse into anarchy, or fall a 
i:)rey to a despot, or are conquered by some stronger power. 

Democratic government in the United States has been suc- 
cessful, but except in France, Switzerland, the British Empire, 
and some of the South American republics, it has either not 
been tried or has not yet proven successful. It is a product of 
Anglo-Saxon civilization, and, with the exceptions just stated, 
has never been put into successful operation outside the English- 
speaking world. For most other peoples some other form of 
government is more suitable. 

Questions 

1. Discuss the three main reasons for the prosperity and happiness 
of the people of the United States? Is there any danger that they may 
lose either of these advantages? 

2. Where did you get your first notions of government? Have you 
ever been anywhere where there was no government? 



12 GOVERNMENT AND THE PEOPLE 

3. Define the word "govern." What is a "state," a "nation," a 
"race"? What is meant by "sovereignty"? Distinguish between an 
autocracy, an aristocracy, an oligarchy, and a democracy. 

4. What are the two principal forms of government? Define each. 
Which kind is found in the United States; in England; in Italy; in Japan? 

5. What is the difference between a pure and a representative democ- 
racy? Which do we have in the United States? Would the other kind 
work here? Give an example of the other kind. Is the American form of 
democracy ancient or modern? 

6. What is constitutional government? What is a constitution? Do 
all countries have constitutional government? Give examples of early 
written constitutions. What is the most notable instance of a written 
constitution? What kind of constitution has Great Britain? Would 
this kind be practicable in the United States? 

7. Is there a difference between constitutional law and statute law? 
Ought statute law to be put into the constitution? 

8. Would a country be free in which the majority had absolute control 
to do whatever they voted to do? For whose benefit should the majority 
rule? What protects the minority? What is a "true democracy"? 

9. What is the best form of government? Would democracy be a 
good form of government in the Philippines; in Arabia? In what coun- 
tries has democracy been tried and found successful? 



PART I 
THE AMERICAN CONSTITUTIONAL SYSTEM 

CHAPTER II 
HISTORICAL DEVELOPMENT 

11. The Beginnings of Liberty in England. — The liberty 
which the people of the United States enjoy was not won in 
any single war or revolution, but is the fruit of centuries of 
struggle. For its beginnings we must go back to England. 
The civilization and political institutions of this country are 
of English origin, and American liberty is the outcome of a 
struggle which began in England soon after the Norman Con- 
quest (1066). While the people of other countries were sunk 
under the burden of autocracy, Englishmen were laying the 
foundations of democracy and personal freedom. The first 
great landmark in this struggle was the Magna Charta, which 
the barons wrested from King John in 1215. Some of the 
guarantees contained in this famous instrument are preserved 
in the Constitution of the United States. In the main the 
struggle was for the rights of the people as against the king and 
the nobility. This struggle was still going on when the first 
English settlements were made in America, early in the seven- 
teenth century. 

12. Colonial Government. — The several English settle- 
ments on this continent differed somewhat in the details of 
their social, economic, and religious life, but in general char- 
acter the people of the thirteen colonies were essentially one. 
They were bound together by community of race, language, 
and customs. But the colonies were not united by any politi- 
cal tie save that of their common dependence upon Great 

13 



14 GOVERNMENT AND THE PEOPLE 

Britain. Each of the thirteen colonies was separately estab- 
lished by the British Government, and politically they stood 
apart. If the British Government had voluntarily severed the 
bond between it and the colonies, they would at once have 
become independent sovereign states in every sense of the 
term. 

At the time of the Declaration of Independence (1776) each 
of the colonies had a well-organized government of the mod- 
ern type, with legislative, executive, and judicial departments. 
All had what were in effect written constitutions. The legis- 
lature of a colony had power to legislate in all matters affect- 
ing only the colony. Their powers were limited by the char- 
ters, patents, and instructions, coming from the crown. 

13. The Beginnings of Union. — Long before the Revolu- 
tion some slight attempts at union were made by various col- 
onies for purposes of defense against the French or the Indian 
tribes, but the first general union of the colonies was for the 
purpose of remonstrance against the aggressive policy of the 
British Government under George III, which began about the 
close of the French and Indian War (1756). In 1765 nine 
colonies sent delegates to the "Stamp Act Congress," which 
met in New York to remonstrate against the stamp tax of that 
year. This congress declared for the principle that there could 
constitutionally be no taxation without representation, that is, 
that the colonists should not be taxed by Parliament in which 
they had no representatives. Later other statutes increased 
the friction between the colonists and the British Government. 

In 1774 a congress, representing all the colonies except 
Georgia, met in Philadelphia in Carpenter's Hall. This body, 
known as the First Continental Congress, adopted a declara- 
tion of rights and a petition to the king for redress. This con- 
gress did not intend separation from Great Britain, but their 
petition to the British Government was their last formal appeal 
for relief. Notwithstanding the eloquent pleas of Chatham 
and Burke in behalf of the colonists, their appeal was unheeded. 
War and independence followed. 



HISTORICAL DEVELOPMENT 15 

14. Revolutionary Government. — Soon after the outbreak 
of hostilities another congress, Icnown as the Second Continental 
Congress, met in the State House at Philadelphia, on May 10, 
1775. All the colonies were represented. This congress was a 
purely revolutionary body. Its powers were undefined. At, 
first there was no written constitution. The main business of 
the Congress was to carry on the war, though some other gen- 
eral powers were exercised, such as the establishment of a con- 
tinental currency and a general post-office. During the period 
of the Revolution, Congress was the sole organ of the govern- 
ment of the United States. This Congress adopted the Decla- 
ration of Independence and carried the war to a successful end. 

15. The Articles of Confederation. — It was soon seen that 
a more definite form of organization was necessary, and Con- 
gress adopted articles of union, which went into effect upon 
ratification by all the states in 1781. These articles, known as 
the Articles of Confederation, formed the first Constitution of 
the United States. They did not provide for a real national 
government, but only for a "firm league of friendship" tetween 
the thirteen states, which expressly retained their separate 
sovereignty. It was, in fact, a league of nations. 

The government so provided for was almost too elementary 
to be called a government at all. All its powers were vested 
in a congress composed of delegates from all the states. There 
were no separate executive and judiciary departments. The 
powers conferred upon Congress were few in number. There 
was no power to levy taxes, or to raise troops, or to enforce the 
powers granted. Congress could request the states for money 
or troops, but could not make them furnish either. It had 
power to pass resolutions on a few subjects, but no power to 
carry them out. It dealt only with the states as such, having 
no jurisdiction over individuals. 

Such a government was too feeble to live, and it never 
amounted to much. While the war was going on the people 
of the states were held together by the pressure of the common 
danger, but when the war ended they soon fell apart. Con- 



16 GOVERNMENT AND THE PEOPLE 

gress was unable to maintain its authority. Its requisitions 
upon the states were freely disregarded. It was impossible to 
obtain money to carry on the operations of government, or to 
pay principal or interest of the public debt. The continental 
currency became practically worthless. The country fell into 
a deplorable condition. The period from the close of the war 
in 1783 to the adoption of the Constitution, in 1789, has been 
aptly called the ''critical period of American history." The 
main trouble was the weakness of the central government. 
These conditions led to the adoption of the Constitution of the 
United States, providing for an adequate national government. 

16. Preliminaries to the Constitutional Convention of 1787. 
— The first steps toward the establishment of better relations 
between the states were taken by Maryland and Virginia, 
which sent commissioners to Alexandria, Virginia, in March, 
1785, to frame an agreement as to the navigation of the waters 
subject to their common jurisdiction. The commissioners con- 
ferred also with Washington with the final result that it was 
decided to call all the states into conference to consider some 
uniform system of legislation on the subject of commerce. In 
response to this call twelve commissioners, representing five 
states, met at Annapolis, Maryland, in September, 1786. 
Owing to the fact that so few states were represented it was de- 
cided to call another convention to meet at Philadelphia. An 
address was sent to the states urging them to appoint commis- 
sioners to meet to revise the Articles of Confederation so as to 
render them adequate to the exigencies of the Union. Con- 
gress, acting upon the recommendation of the Annapolis con- 
vention, issued a similar call, and the legislatures of all the 
states but Rhode Island chose delegates to attend the con- 
vention. 

17. The Constitutional Convention (1787). — Seventy-three 
delegates were appointed by the state legislatures, but only 
fifty-five attended the convention. Several of those in atten- 
dance afterward withdrew, and only thirty-nine signed the 
Constitution as finally drafted. As a rule the states sent their 




After a painting by Sidney M. Chase. 

THE CONSTITUTIONAL CONVENTION, PHILADELPHIA, 1787. 

George Washington, presiding: Alexander Hamilton, speaking: Benjamin 
Franklin at the right of picture in foreground. 



18 GOVERNMENT AND THE PEOPLE 

best men, and many of the ablest men in the country were in 
the convention. The delegates represented most of the lead- 
ing occupations of the times except the ministry and the pro- 
fession of arms. There were no professional soldiers, though 
some of the delegates had served in the Revolutionary War. 
Washington, though one of the great generals of history, was 
now a Virginia gentleman and farmer. At a time when a col- 
lege education was within the reach of few, twenty-nine of the 
members were college men, alumni of Harvard, William and 
Mary, Yale, Princeton, Columbia, Oxford, Glasgow, and Edin- 
burgh. Washington and Franklin were not college men. Most 
of the members had had experience in public life; over forty 
had been members of Congress, and eighteen were members at 
the time of the convention. Several were, or had been, gov- 
ernors of their states; others had been judges; eight were signers 
of the Declaration of Independence. Some were poor, others 
were rich. 

The average age of the members was forty-three years. 
Franklin, the oldest, was eighty-one; Daj-ton, of New Jer- 
sey, was twenty-seven. Washington was fifty-five. The most 
famous men in the convention were Washington and Franklin. 
Neither took an active part in the debates, but both, and es- 
pecially Washington, exerted a commanding influence in steady- 
ing the deliberations. The profoundest thinkers were Alex- 
ander Hamilton, of New York, and James Madison, of Virginia. 
Hamilton was thirty years of age and Madison thirty-six. 
In all their deliberations the delegates showed a lofty and pa- 
triotic purpose. There was no self-seeking nor favoring of any 
particular class. Madison records that: ''There never was an 
assembly of men charged with a great and arduous trust, who 
were more pure in their motives or more anxiously devoted to 
the objects submitted to them." 

18. The Work of the Convention. — The convention met in 
Independence Hall in the room in which the Declaration of 
Independence had been signed eleven years before. The first 
session was held on May 25, 1787, and the final session on 



HISTORICAL DEVEL(3PMENT 19 

September 17, on which day the Constitution was sig;np(l. 
Washington was unanimously chosen president of the conven- 
tion, and the influence of his personality and character was be- 
yond estimation. He favored the establishment of a strong 
national government. It is told that, on one occasion when 
half-way measures were suggested through fear that the people 
might not understand or approve real reform, Washington, 
"in tones unwontedly solemn with suppressed emotion," re- 
buked such moral cowardice with these noble words: "It is too 
probable that no plan we propose will be adopted. Perhaps 
another dreadful conflict is to be sustained. If, to please the 
people, we offer what we ourselves disapprove, how can we 
afterward defend our work? Let us raise a standard to which 
the wise and honest can repair; the event is in the hand of 
God." 

The convention's task was a difficult one. The main prob- 
lem was to frame a constitution for a central government act- 
ing directly upon the individual citizens, without too much 
impairment of the sovereignty and independence of the states, 
or undue interference with the liberty of the individual citizen. 
The respective rights of the large and the small states were to 
be preserved, and the conflicting commercial and economic in- 
terest of different sections of the country taken into account. 
The principal conflict was between those who believed that 
there should be a strong national government and those \\'ho 
jealously contended for the rights of the separate states. 

In a convention composed of men of different qualities and 
temperaments, and representing conflicting views, it was to 
be expected that serious differences of opinion would arise, 
and the magnitude of the task before the convention and th(^ 
novelty of some of the questions presented gave ample occasion 
for these differences. At times it seemed that no agreement 
could be reached. Several members left in disgust when their 
views were rejected. But by wise compromises the Constitu- 
tion was made possible. If every member had rigidly insisted 
upon his own views, a deadlock would have resulted: there 



20 GOVERNMENT AND THE PEOPLE 

would have been no Constitution, and confusion and perhaps 
war between the states, or conquest by a foreign power, might 
have followed. As finally framed the Constitution did not 
exactly embody the views of any one member, but it expressed 
the collective wisdom of the body. 

19. Signing the Constitution. — At the close of the conven- 
tion thirty-nine members signed the Constitution, and several 
others would have signed had they been present. While the 
last members were signing, Franklin, looking toward the presi- 
dent's chair, at the back of which a rising sun was carved, ob- 
served that painters had found it difficult to distinguish in 
their art a rising from a setting sun. ''I have often and often," 
he said, "in the course of the session, and the vicissitudes of 
my hopes and fears as to its issue, looked at that behind the 
president without being able to tell whether it was rising or 
setting; but now at length I have the happiness to know that 
it is a rising and not a setting sun." 

20. Adoption of the Constitution. — By the terms of the 
Constitution ratification by conventions of nine states was to 
be sufficient to make it effective in the states so ratifying. 
These conventions were elected by the people of the several 
states. New Hampshire ratified as the ninth state on June 21, 
1788. Virginia and New York soon followed. The other two 
states, Rhode Island and North Carolina, did not ratify until 
shortly after the Constitution had gone into effect and the new 
government was in operation. Only in Massachusetts, New 
York, and Virginia was there any serious contest over ratifica- 
tion, the principal objections being that the Constitution gave 
too much power to the federal government, and the absence of 
a bill of rights protecting the individual from oppression by the 
government. March 4, 1789, was the date set by the expiring 
Congress for the new government to go into effect, though the 
new Congress, elected under the Constitution, did not secure a 
quorum until some days later. Washington was unanimously 
chosen president, and took the oath of office in New York, then 
the seat of the government, on April 30, 1789. The first Con- 



HISTORICAL DEVELOPMENT 21 

gress, in 1789, passed a judiciary act establishing the federal 
courts, and organization of the new govei'nment was complete. 

21. Sources and Originality of the Constitution. — In fram- 
ing the Constitution the members of the convention tlrew largely 
from the experience of the past. They were not theorists bent 
on trying out some new scheme of government of their own 
invention, but level-headed men of affairs, thoroughly ac- 
quainted with the evils from which the country was suffering 
and well qualified by experience to work out some practical 
remedy. Many of them had had long experience in public 
life, and some of them had been members of the conventions 
which framed the new constitutions of the states. Scholars 
such as Madison, Ellsworth, and Wilson were able to present 
to the convention the teachings of the political history of other 
nations. 

The main features of the Constitution were drawn from 
colonial experience. Written constitutions, although almost 
unknown in Europe, had long been familiar in America. The 
various colonial charters and the new state constitutions af- 
forded abundant material for constitution-making. The Ar- 
ticles of Confederation furnished a starting point for a federal 
Constitution. The convention wisely used what experience 
had proved to be good rather than to make experiments. The 
Constitution stands to-day substantially as the convention 
made it because it was built upon the sure foundation of ex- 
perience. "Behind the Constitution there stood the thirteen 
Articles of Confederation, behind these the constitutions of the 
original states, behind these the colonial charters, behind these 
the charters of English trading companies, behind these the 
charters of English cities, towns, and boroughs, and behind 
these the primitive institutions of the days of Alfred the 
Great." * 

But the convention gave to the world one grand new prin- 
ciple of constructive political genius, namely the principle of 
federation, upon which was established a national government 

* H. L. Carson in Address before the American Bar Association, 1920. 



22 GOVERNMENT AND THE PEOPLE 

acting directly upon the individual, without interfering with 
the separate existence of the states. It was the introduction 
of this principle that transformed the league of nations existing 
under the Articles of Confederation into a national govern- 
ment. Another great achievement was the establishment of an 
independent federal judiciary, with jurisdiction of questions 
of constitutional law. Without the power of the courts to de- 
clare void statutes which violate the Constitution, constitu- 
tional limitations are vain, and the Constitution itself could 
hardly have been preserved. 

22. The Nature of the Constitution. — From the adoption of 
the Constitution to the Civil War two radically different the- 
ories were held in this country as to the nature of the Con- 
stitution. 

According to one theory the Constitution was a mere com- 
pact or agreement between sovereign states, by which they 
established a central government for certain specified purposes, 
without, however, impairing the individual sovereignty of the 
states or uniting their peoples into a single nation. Each state 
has the right to judge for itself as to the extent of the powers 
of the central government and to treat as null and void any act 
of that government deemed by the state to be unauthorized by 
the compact. This was the doctrine of nullification. Further, 
a breach of the compact by some of the states as parties thereto 
releases the other states from their own obligations under the 
compact, and in extreme cases might just if 3^ withdrawal from 
the Union. This was the doctrine of secession. This may be 
called the states' rights theory. According to the other theory, 
the people of the United States constitute a single sovereign 
nation, who by the adoption of the Constitution established a 
national government, which is the sole judge of its own powers. 
Neither nullification nor secession is lawful according to this 
theory. This may be called the national theory. 

The national theory was held by some of the greatest of 
American statesmen, including Washington, Hamilton, and 
Marshall, but there can be no doubt that for many years after 



HISTORICAL DEVELOPMENT 23 

the adoption of the Constitution the great majority of the peo- 
ple of the country, whether consciously or unconsciously, ad- 
hered to the states' rights theory, though without always ad- 
mitting the extreme applications of this theory, nullification 
and secession. The political writings of the first half-century 
abound with references to the Constitution as a compact. One 
of the strongest statements of the compact theory is found in 
the famous Kentucky Resolutions of 1798, written by Thomas 
Jefferson. Even the right of secession seems to have been 
generally admitted, and threats of secession on various occasions 
were received with tolerance, if not indifference.* For a long 
time there was no general national sentiment; the citizen's first 
affection was for his own state, and to her his primary allegiance 
was due. State citizenship outranked national citizenship. 
It was only when the issue was finally settled by the result of 
the Civil War that the compact theory was abandoned and the 
permanence of the Union was assured. 

23. The Development of Nationality. — The Constitution 
established a national government on paper. But a paper 
constitution amounts to little unless the people, in fact, con- 
stitute a nation. Probably the Constitution would not have 
succeeded had not various causes and influences gradually 
welded the peoples of the several states into a single nation. 
Among these may be mentioned: the improvement in modes 

* In the early days of the repubUc threats of secession were quite com- 
mon, even in the debates in Congress. Such threats came from prominent 
New Englanders opposed to the embargo of 1807, the War of 1812, and the 
admission of Louisiana and Texas. South Carohna threatened to secede 
on account of the tariff acts of 1828 and 1832. Even the great nationalist 
Daniel Webster declared, in 1851: "I have not hesitated to say, and I re- 
peat, that if the Northern states refuse, wilfully and deliberately to carry 
into effect that part of the Constitution which respects the restoration of 
fugitive slaves, and Congress provides no remedy, the South will no longer 
be bound to observe the compact." The right of a state to withdraw from 
the LTnion at pleasure is expressly declared in Rawle's "View of the Con- 
stitution," published in 1825. The author was an eminent Philadelphia 
lawyer. There is some reason to think that this book was used as a text- 
book at West Point during the cadetship of Robert E. Lee and other Con- 
federate leaders, but the evidence is inconclusive. 



24 GOVERNMENT AND THE PEOPLE 

of communication and travel, which has brought the people of 
the country closer together; the interchange of population by 
the removal of citizens from one state to another; the immigra- 
tion of millions of foreigners, to whom this country is the 
United States, and not a union of states, and to whom talk of 
states' rights would be almost meaningless; the admission by 
Congress of new states largely outnumbering the original "sov- 
ereign" states; foreign wars waged by the United States, which 
united the people, and even the Civil War, which removed the 
main cause of division; the great expansion of business and in- 
dustry, especially in recent years, commerce and manufacture 
paying little attention to state lines. These and other causes 
have operated to unite the people of the United States into a 
nation. 

The Constitution itself has been a strong bond of union. 
All state and national legislators and officers are bound by 
oath or affirmation to support it, and in time also the people 
became attached to it just as to the national flag. Much, 
however, depended upon the interpretation of the Constitution 
by the Supreme Court. Fortunately for nationalism, this 
court from the beginning has taken the position that the Con- 
stitution is not a mere compact between sovereign states, but 
the constitution of a national government, and that the people 
of the United States constitute a nation. As early as 1801, 
when national sentiment was feeble and the fate of the Con- 
stitution largely depended upon the spirit in which it should 
be interpreted, John Marshall, a strong federalist and the 
greatest of all American judges, became Chief Justice. With- 
out straining its terms, Marshall, at the head of the court, in- 
terpreted the Constitution upon the theory that it was in- 
tended to succeed. As its greatest interpreter and coming at 
a time when its success was doubtful, Marshall ranks as one 
of the great makers of the Constitution. "It is scarcely an 
exaggeration," says Mr. Bryce, "to call him, as an eminent 
American jurist has done, a second maker of the Constitution." 



HISTORICAL DEVELOPMENT 25 

Questions 

1. Where and when did the development of American liberty begin? 
What was the pohtical condition in England when the first English set- 
tlements were made in America? 

2. What bound the thirteen American colonies together? Was there 
any political connection between them? What kind of governments did 
they have in 1776? 

3. Mention some of the steps by which the colonies were drawn toward 
union. What was the difference in essential character between the First 
and the Second Continental Congress? 

4. What was the government of the United States during the Revo- 
lution? When were the Articles of Confederation adopted, and what was 
the nature of the government under the articles? Why did it fail? 

5. What was the Alexandria conference; the Annapolis conference? 
What great convention came from these? How were the delegates ap- 
pointed ? 

6. When and where did the constitutional convention meet? How 
long did it last? How many delegates attended and who presided? 
Name some of the leading delegates. What did Washington say when a 
makeshift constitution was proposed? 

7. What was the main problem before the convention? Was the 
Constitution as framed fully satisfactory to all the delegates ? How many 
signed the Constitution? What did FrankHn say on that occasion? 
What is "Constitution Day"? Does your school celebrate it? 

8. How was the Constitution ratified? What part did the people 
take in adopting it? When did the government of the United States 
under the Constitution go into effect? 

9. Where did the framers of the Constitution get most of their ideas 
from? Did they have any models to go by? Mention some of the sou'-ces 
of the Constitution. What grand new principle is found in the Consti- 
tution? Mention another great achievement of the convention. 

10. What two theories were held before the Civil War as to the nature 
of the LTnion established by the Constitution? What theory did Wash- 
ington hold; Jefferson; Chief Justice Marshall? Which theory finally 
prevailed ? 

11. Before the Civil War which came first, national or state citizen- 
ship? Name some of the things that have contributed to the develop- 
ment of the people of the United States into one nation. What part did 
the Supreme Court play in this development? Who has been called a 
"second maker of the Constitution"? 



CHAPTER III 

GENERAL DESCRIPTION OF THE AMERICAN 
GOVERNMENT 

24. The Constitution. — The Constitution of the United 
States is a short instrument. It consists of the Preamble, the 
seven original articles, and nineteen amendments. The entire 
instrument may be read through in half an hour. The Pre- 
amble is merely an introduction, stating that the people of the 
United States have ordained and established the Constitution 
for the general purposes enumerated. No power is granted in 
the Preamble to the federal government, but all its powers are 
derived from grants in the body of the instrurnent. The, first 
three articles relate to the structure and powers of the federal 
government, dealing, respectively, with the legislative, the 
executive, and the judiciary departments of the government. 
Article IV deals mainly with the states, Article V provides for 
the amendment of the Constitution, several unrelated matters 
are covered by the three sections of Article VI, while Article 
VII deals with the subject of ratification by the states. The 
amendments relate to miscellaneous matters, more than half 
of them imposing limitations upon the federal government. 

No single feature of the Constitution has contributed more 
to its usefulness and permanence than the fact that in the 
main it deals onty with general principles. Wherever details 
are set forth they apply only to the machinery of government, 
such as the qualifications of the President and members of 
Congress, the mode of enacting statutes, and the like. Those 
parts of the Constitution which operate as grants of power to 
the federal government or define and protect the rights and 
liberties of the individual, are in general terms. This is the 
only proper plan to follow in framing a constitution. In the 
words of Chief Justice Marshall: ''A constitution, from its na- 

26 



DESCRIPTION OF THE AMERICAN GOVERNMENT 27 

turc, deals in generals, not in details. Its framers cannot per- 
ceive the minute distinctions which arise in the progress of the 
nation, and therefore confine it to the establishment of broad 
and general principles." 

This principle was fully observed by the framers of the fed- 
eral Ccmstitution. The convention did not undertake to make 
laws, l)ut established a law-making body and gave it power to 
make laws on certain enumerated subjects. With the single 
exception of the Eighteenth Amendment, which is legislative in 
character, all the amendments to the Constitution have been 
of a character harmonious with the original instrument. As 
it stands, the Constitution embodies the general and perma- 
nent principles of justice which can never become obsolete, and 
so long as mere legislation, much of which is of a temporary 
and experimental character, is kept out of the Constitution, it 
may be expected to endure. Very different has been the his- 
tory of the state constitutions, which consist largely of ordinary 
legislation which soon becomes obsolete. 

25. Constitutional Amendments. — The framers of the Con- 
stitution realized that their work was not perfect nor final, and 
in Article V provided for making amendments. Two modes 
of amendment are provided, but all the amendments so far 
adopted have been by one of these modes, namely, the amend- 
ment is first proposed in Congress and adopted by a two- 
thirds vote of both houses, and then ratified by the legislatures 
of three-fourths of the states. Altogether there have been 
nineteen amendments. The first ten were adopted in 1791, 
and were merely interpretative or declaratory of what was in- 
tended by the original Constitution, and may be considered as 
practically a part of it. Two more amendments were added 
by 1804, and there were no more amendments until the adop- 
tion of the three so-called "war amendments" in 1865-1870. 
Then for more than fort}^ years no further amendments were 
addefl. Four amendments were added during the years 1909- 
1920. 

Additional amendments may occasionally be needed, but 



28 GOVERNMENT AND THE PEOPLE 

in its essentials the Constitution can never grow out of date. 
Some of its details relating to mere organization or the ma- 
chinery of government, for example, the mode of electing the 
President, his term of office, the mode of passing laws, etc., 
may be changed without impairing the constitutional system, 
but the essentials must be preserved, or the system will be de- 
stroyed. In the words of Mr. Elihu Root: "So far as the prin- 
ciples of government declared in our constitutions are right 
they do not change. No development of social or industrial 
life changes a true principle." 

Besides the formal amendments added to the Constitution, 
several important developments have taken place in our con- 
stitutional system, and some special rules or customs have been 
adopted, which are not provided for or recognized in the Con- 
stitution. Such are the party system, the rule against the 
third term for the President, the change in the function of 
presidential electors, etc. These extra-constitutional develop- 
ments and practices may be termed unwritten amendments 
to the Constitution. 

26. The Fundamentals of the Constitutional System. — 
The government of the United States has been in successful 
existence without substantial change since 1789. During this 
time the government of every other civilized nation has under- 
gone revolution or radical change. France has changed three 
times from empire to republic. Great Britain has become a 
democracy, the German Empire has risen and fallen. The 
government of the United States is the oldest unchanged gov- 
ernment in the world. In some minor particulars changes 
have been made in the Constitution, but the fundamentals of 
the system are the same as they were in 1789. If the system 
is to continue to exist, these fundamentals must be preserved. 
What are these fundamentals? 

There are five essential features that belong to the American 
constitutional sj^stem. These have been happily called the 
"irreducible minimum" in our constitutional government. 
Changes in other matters would not be vital, but the abandon- 



DESCRIPTION OF THE AMERICAN GOVERNMENT 29 

ment of any one of these five principles would be revolutionary. 
The five essential and characteristic features of the government 
established by the federal Constitution are as follows: 

1. It is a representative government. The people do not 
directly govern themselves, but govern through representatives. 
In the case of the federal government, all the people do is to 
elect members of Congress and presidential electors. The 
representative principle is also the basis of the state govern- 
ments, though not so fully observed. 

2. It is a dual system; sovereignty in all matters which 
affect the nation as a whole is vested in the federal government, 
while sovereignty in all matters which concern only the people 
of a state, is vested in the government of the state. By the 
preservation of the proper line of division between the two 
governments, the important adjustment between centraliza- 
tion and local government is maintained. 

3. The legislative, executive, and judicial powers are dis- 
tributed between three separate departments, each of these re- 
spective powers being given to the agency best fitted to exer- 
cise it, and also a dangerous concentration of power being 
avoided. 

4. The liberty of the individual is protected by specific 
guarantees against oppression by the government. Even the 
majority cannot lawfully violate these guarantees. 

5. Provision is made for the enforcement of constitutional 
limitations through the courts, which are given power to de- 
clare void all statutes brought before them in actual litigation 
which violate the Constitution. 

The combining of all these features in our constitutional 
system necessarily makes our government very complicated. 
We have probably the most complicated system of government 
in the world. This makes it hard for foreigners, and even for 
Americans, to understand our constitutional system. But this 
complexity is necessary in order to secure "the blessings of 
liberty" to the people. The simplest possible form of govern- 
ment is a despotism in which all power is vested in the monarch. 



30 GOVERNMENT AND THE PEOPLE 

27. The Double Scheme of Government. — The most strik- 
ing feature of our government. is that it is not one government, 
but two. It is a combination of two governments, federal and 
state, with different spheres of action, each supreme and inde- 
pendent within its own sphere. Neither is vested with com- 
plete powers, but the two, operating together, discharge all 
the proper functions of government. Each government has 
its own legislative, executive, and judicial departments, and 
neither is at all dependent upon the other for the performance 
of its own part of the business of governing. This compli- 
cated arrangement is, probably, the hardest feature of our 
system to understand, but it is one of the most important. 
Probably in no other way could democratic government on so 
large a scale be carried on. This system makes possible the 
proper adjustment between centralization and local self-gov- 
ernment. This will be better understood when the plan of 
distribution of powers between the two governments is explained. 

28. Distribution of Powers Between the Federal and State 
Governments. — The federal government was established by 
the Constitution, and the state governments were established 
by the people of the respective states. The Constitution dis- 
tributes the governmental powers between the two governments. 
Certain powers are granted to the federal government, and all 
the other usual powers, with a few exceptions, are left, or "re- 
served" to the states. 

The plan of distribution is simple. To the federal govern- 
ment is granted the control of all matters of national interest, 
comprising the regulation of foreign relations and of such do- 
mestic matters as are of common interest to the states. To the 
states is reserved the control of all purely local matters which 
concern only the people of the state. Certain powers are pro- 
hibited to one or both governments as being contrary to Ameri- 
can notions of liberty. Some powers are granted to the United 
States exclusively, such as the power to coin money or make 
treaties. Others may be exercised by both governments, such 
as the power to tax, or to borrow money. Still others are left 



DESCRIPTION OF THE AMERICAN GOVERNMENT 31 

exclusively to the states, such as the powiM- to rc^sul^ite mar- 
riage and divorce, or to control business and industry' within 
the state. 

The general scheme of the distribution of powers under the 
Constitution will be made clear by the accompanying diagrams. 
Let the two circles represent all possible powers that may be 
possessed In' any sovereign nation. The plain circle to the 
left represents the situation of a country without constitutional 




limitations and with a single government vested with all gov- 
ernmental powers. The circle to the right shows the scheme of 
government under the Constitution of the United States. The 
large circle represents all governmental powers. The small 
shaded circle in the centre represents powers denied to both 
the United States and the states; the inner ring (A) represents 
powers reserved to the states exclusively; the second ring (B) 
represents the concurrent powers of the United States and the 
states; the outer ring (C) represents the powers granted -Ex- 
clusively to the United States. 

29. The Three Departments of the Government. — There 
are three great powers of government, namely (1) the legisla- 
tive power, which is the power to make, change, or repeal laws; 
(2) the executive power, which is the power to see that the 
laws are duly obeyed; and (3) the judicial power, which is the 



32 GOVERNMENT AND THE PEOPLE 

power to interpret and apply the laws in actual controversies. 
In both the federal and the state governments these powers are 
distributed among three separate branches of the government, 
known, respectively, as the legislative, the executive, and the 
judicial departments. 

It is possible for all three powers to be vested in the same 
person, or group of persons, but such a concentration of power 
would be dangerous if not fatal to the liberty of the citizen, 
and is found only in despotic governments. By the distribu- 
tion of powers this danger is avoided, and also each power is 
intrusted to the agency best qualified to exercise it. 

30. Constitutional Limitations. — In setting up the state 
and federal governments the people of the United States have 
taken care to protect themselves from oppression by the gov- 
ernment by inserting in both the federal and the state con- 
stitutions various restrictions and prohibitions. The limita- 
tions in a state constitution apply, of course, only to the govern- 
ment of that state, but the federal Constitution restrains both 
the federal and the state governments. Some of the limitations 
in the Constitution apply to the federal government only; 
others apply to the state governments only; and some apply to 
both governments. These limitations will be dealt with in 
Chapter XV. 

31. Supremacy of the Constitution. — In the United States 
the Constitution is the supreme law. All the departments of 
the federal government derive their powers from the Consti- 
tution, and are bound by its terms. Any act of the legisla- 
tive, the executive, or the judicial department, not authorized 
by the Constitution, or which is prohibited by it, is void. 
Likewise, any act of a state government contrary to either the 
federal or the state constitution, is also void. All acts of the 
government in this country must be tested by the Constitution, 
and constitutional government cannot be maintained unless 
all departments of the government keep, or are kept, within 
the constitutional limitations. 

While all branches of the government are bound by the con- 



DESCRIPTION OF THE AMERICAN GOVERNMENT 33 

stitiitional limitations, it is in connection with legislation that 
questions of constitutional power usually arise. Most of the 
power of the government is vested in the legislature as the 
law-making body. The executive and the courts do little more 
than execute and apply the law. In making laws the legis- 
lature is presumably somewhat held in check by the oath to 
support the Constitution; for a member of the legislature delib- 
erately to vote for a law which he thought was unconstitutional, 
would be to violate his official oath. Before he casts his vote 
he ought to consider carefully whether the proposed law is 
constitutional. But ought the legislature to be the final judge 
of its own powers under the Constitution ? The answer is No. 
History teaches that the tendency of the legislature is to 
stretch its power to the utmost. In the striking words of 
Madison, ''the legislative department is everywhere extending 
the sphere of its activity, and drawing all power into its im- 
petuous vortex." 

But apart from its disposition to usurp power, the legislature 
is not qualified to determine finally its own powers under a 
written constitution. Constitutional interpretation is a mat- 
ter for experts, deliberating under suitable conditions. Con- 
stitutional law is a highly specialized branch of professional 
study, and a legislature made up largely of men who are not 
lawyers is not competent to handle constitutional questions. 
Also, the large membership of the legislature and the condi- 
tions under which it works make it impossible for it to give 
proper consideration to such questions. 

32. The Courts the Guardians of the Constitution. — The 
agency by which the constitutionality of statutes is finally de- 
termined under our constitutional system is the courts. The 
courts are the true guardians of the Constitution, and it is due 
mainly to the courts that constitutional principles have been 
maintained. In the words of Washington, the courts are "the 
keystone of our political fabric," or, as Woodrow Wilson ex- 
pressed it: "Our judiciary is the balance wheel of our entire 
system." 



34 GOVERNMENT AND THE PEOPLE 

The federal Constitution provides that "The judicial power 
shall extend to all cases, in law and equity, arising under this 
Constitution, the laws of the United States, and treaties made, 
or which shall be made, under their authority." This seems 
to confer upon the federal courts express authority to pass 
upon the constitutionality of acts of Congress, for certainly 
the question whether a federal statute conflicts with the federal 
Constitution, is a question arising under the Constitution if 
any question can be such. At any rate, it was well understood 
in the constitutional convention of 1787 that the courts would 
have this power. 

This was the view of practically all contemporary statesmen 
of importance. Thus Alexander Hamilton said: "The complete 
independence of the courts of justice is peculiarly essential in 
a limited constitution. . . . Limitations of this kind can be 
preserved in practice in no other way than through the medium 
of courts of justice, whose duty it must be to declare all acts 
contrary to the manifest tenor of the constitution void." 
James Madison said: "A law violating a constitution estab- 
lished by the people themselves would be considered by the 
judges as null and void." Oliver Ellsworth, afterward Chief 
Justice, declared that: "If the United States go beyond their 
powers, if they make a law which the Constitution does not 
authorize, it is void; and the judicial power, the national judges, 
who, to secure their impartiality, are to be made independent, 
will declare it to be void." These three men were members 
of the constitutional convention which framed the Constitu- 
tion. John Marshall, in 1788, before the Virginia ratifying 
convention, said: "If they [the United States] were to make a 
law not warranted by any of the powers enumerated, it would 
be considered by the judges as an infringement of the Consti- 
tution which they are to guard. They would not consider 
such a law as coming under their jurisdiction. They would 
declare it void." 

The great public service of determining the constitutionality 
of statutes is rendered by the courts in a purely incidental way 



DESCHIPTIOX OF THE AMERICAN GOVERNMENT 35 

in the performance of their judicial duty of settHng contro- 
versies between individuals. A case is presented in which 
some rip;ht is claimed under a statute; the existence of the rip;ht 
depends upon whether or not the statute is valid. The court 
tests the statute l\v the constitution, which is the supreme law, 
and if the statute is found to be in conflict with the Constitu- 
tion, the court pronounces the statute void, and declines to 
enforce it. 

33. Application and Development of this Doctrine. — The 
question of the constitutionality of a statute can arise only 
where there is a written constitution placing restrictions upon 
the legislature. Wherever the legislature has unlimited power, 
no statute passed by it could be unconstitutional. For this 
reason acts of the British Parliament are never held unconsti- 
tutional. An act violating the fundamental rights of English- 
men might cause a defeat of its authors at the next election, 
but no court could call it unconstitutional. Also, on the con- 
tinent of Europe, where our conceptions of liberty do not ex- 
ist, the com'ts, as a rule, have no power to pass on the consti- 
tutionality of statutes. 

But wherever there are written constitutions restricting the 
power of the legislature, this power is usually found. Before 
the American Revolution many acts of colonial legislatures 
were held void by the British Privy Council, and several Ameri- 
can courts held state statutes void before the adoption of the 
federal Constitution. Under the constitutions of Canada, 
Australia, and South Africa many statutes have been held un- 
constitutional. With the exception of acts of Parliament, the 
acts of every legislature in the British Empire are subject to 
such review by the courts. Likewise, in the more enlightened 
countries of South America, such as Argentina and Brazil, the 
courts have this power. 

The courts will not hold a statute void unless its unconsti- 
tutionality is reasonably clear. The American courts have 
generally exercised this power sparingly. There is little danger 
that statutes clearly within the power of the legislature will be 



36 GOVERNMENT AND THE PEOPLE 

held void, and the legislature should pass no others. Special 
interest attaches to the course of the Supreme Court of the 
United States. In all it had held federal statutes, or parts of 
statutes, unconstitutional in about forty cases through the 
year 1920. The first case in which it held a statute unconsti- 
tutional was the famous case of Marbury v. Madison, decided 
by Chief Justice Marshall in 1803. This was the only federal 
statute held void by Marshall during the thirty-five years he 
was Chief Justice, though he held several state statutes uncon- 
stitutional. 

Questions 

1. Read the Constitution, including the amendments, through care- 
fully in one sitting. How long did it take you? 

2. What is the nature of the Preamble to the Constitution? Does it 
confer any power upon the federal government? What were the objects 
for which the Constitution was adopted? Who "ordained and estab- 
lished" the Constitution? 

3. How many articles are in the original Constitution? What is the 
first article about; the second article; the third article? 

4. What feature of the Constitution has contributed especially to its 
usefulness and permanence? Have the amendments all been consistent 
with the original plan? Mention a difference in the nature of their con- 
tents between the federal Constitution and the state constitutions. 

5. How many amendments are there to the Constitution? Give the 
year of the adoption of each. How many amendments were there from 
1800 to 1864? By what procedure have the amendments been adopted? 
Amendments have been proposed fixing the salary of the President, chang- 
ing the name of the United States to "America," and including in the 
Preamble some recognition of God. Should these amendments be adopted ? 
Some persons advocate changing the mode of amendment so as to make it 
easier to amend the Constitution. Do you approve of this? 

6. Which of the existing governments of the world has existed longest 
in its present form? Is the United States Government the same as it 
was in 1789? What are the five essential features of the government of 
the United States? 

7. Under how many governments do you live? How is it possible for 
there to be more than one government in the same country ? Who estab- 
lished the federal government? the state governments? 

8. What kinds of matters have been placed in the control of the federal 
government? Look in the Constitution and find four subjects over which 



DESCRIPTION OF THE AMERICAN GOVERNMENT 37 

Congress has control. Mention two things that Congress is forbidden to 
do; two that the states are forbidden to do; two that both Congress and 
the states are forbidden to do. 

9. Name the three departments of the government and tell what each 
one does. Which department has the most power? 

10. Who determines whether or not a statute is .constitutional ? Why 
should not Congress be the final judge in the matter? Some persons sup- 
pose that it was not intended that the courts should have the power to 
declare statutes unconstitutional. What was the opinion of Hamilton; 
of Madison? 

11. Do the courts of any other countries have the power to declare 
statutes unconstitutional? How many acts of Congress were held void 
by Chief Justice Marshall ? What would be the effect upon the Constitu- 
tion if the courts would enforce statutes which violate the Constitution ? 



I.— THE FEDERAL GOVERNMENT 

CHAPTER IV 
THE CONGRESS 

34. In General. — The Constitution provides that, "All 
legislative power herein granted shall be vested in a Congress 
of the United States, which shall consist of a Senate and House 
of Representatives." The main advantages of having a legis- 
lature composed of two branches are that, if two bodies have 
to pass upon a proposed law, each will act as a check on the 
other, and also the necessary deliberation will usually be se- 
cured to prevent hasty and ill-advised legislation. There is 
no doubt that this arrangement has worked well, and that 
better laws are obtained in this way. 

A special reason for having two houses exists in the case of 
the national legislature in that it makes possible the recogni- 
tion of the political equality of all the states, large and small, 
and at the same time allows for the fact that some states are 
larger than others. The senators are supposed to represent 
the states, as such, and in the Senate all the states are equal, 
each state having two senators. Members of the House are 
supposed to represent the people, and in the House of Rep- 
resentatives the states are represented in proportion to popula- 
tion. It should be noted that, under Article V, relating to 
amendments to the Constitution, no state may be deprived of 
its equal representation in the Senate without its own consent, 
which, of course, would never be given. 

35. The Senate. — The Constitution provides that: "The 
Senate of the United States shall be composed of two Senators 
from each state, chosen by the legislature thereof, for six years; 
and each Senator shall have one vote." The mode of choosing 

38 



THE CONGRESS 39 

Senators was changed by the Seventeenth Amendment (1913) 
providing for the election of Senators by the people. It is pro- 
vided that: "No person shall be a Senator who shall not have 
attained to the age of thirty years, and been nine years a citizen 
of the United States, and who shall not, when elected, be an 
inhabitant of that state for which he shall be chosen." The 
qualifications of senators are higher, and their term of office 
longer than the qualifications and term of representatives, the 
difference being made because of the greater dignity of the sena- 
torial office, and the greater importance of some of the matters 
with which the Senate has to deal. The number of senators is 
determined by the number of states, two senators being allowed 
for each state, the present number being ninety-six. 

Senators were divided in the beginning into three classes, 
going out of office, respectively, in two, four, and six years. 
Thus one-third of the Senate is elected every two years, all the 
senators after the first holding office for six years. By this 
device of retiring only one-third of the Senate at each election, 
the Senate of each new Congress is left with a membership of 
which two-thirds have had senatorial experience. Like the 
Supreme Court, the Senate is thus a permanent body. Its 
actual permanence is further secured by the fact that senators 
are commonly re-elected. An effective and popular senator 
may hold office practically for life. This continuity of the 
Senate gives dignity to the senatorial office and stability to the 
government, and makes possible the development and main- 
tenance of a continuity and permanence in national policies in 
both domestic and foreign affairs. 

It is provided that: "The Vice-President of the United States 
shall be President of the Senate, but shall have no vote unless 
they be evenly divided"; also, "the Senate shall choose their 
other officers, and also a President pro tempore in the absence 
of the Vice-President, or when he shall exercise the office of 
President of the United States." The "other officers" or, as 
they are described in the statute providing for them, "persons 
employed in the service of the Senate," are: secretary, sergeant- 



40 GOVERNMENT AND THE PEOPLE 

at-arms, doorkeeper, postmaster, chaplain, besides clerks, 
pages, etc. The Vice-President is not a member of the Senate, 
but the president of the Senate, elected to preside in the ab- 
sence of the Vice-President, is a member of that body and has 
a vote on all questions. 

36. The House of Representatives. — The Constitution 
provides that: "The House of Representatives shall be com- 
posed of members chosen every second year by the people of 
the several states, and the electors in each state shall have the 
qualifications requisite for electors of the most numerous 
branch of the state legislature." Under this provision a new 
House of Representatives is elected every two years. The 
term of representatives is purposely made short so that they 
may be held duly responsible to the people. 

As a rule, however, representatives who give satisfaction 
are re-elected. Of the 429 members of the Sixty-sixth Con- 
gress (elected 1918), only 106 were serving their first term; 70 
their second term; 83 their third term; 58 their fourth term; 
33 their fifth term; 16 their sixth term; 18 their seventh 
term; 13 their eighth term; 11 their ninth term; 6 their tenth 
term; 5 their eleventh term; and 7 their twelfth term. Many 
of these had served continuously from the time they were first 
elected. Joseph Cannon, of Ilhnois, was serving his twenty- 
second term, mostly continuous. This means forty-four years 
in Congress. Few representatives fail to stand for re-election, 
unless they have some other office in mind, such as a gover- 
norship or a senatorship. Most members of Congress become 
professional office-holders, and constitute, along with other 
public officers, a governing class in this country. When once 
a person becomes firmly intrenched in his seat in Congress it 
is hard to dislodge him, especially in view of the expense and 
uncertainty of a campaign for that purpose. 

It is provided that: "No person shall be a Representative 
who shall not have attained to the age of twenty-five years, 
and been seven years a citizen of the United States, and who 
shall not, when elected, be an inhabitant of that state in which 



THE CONGRESS 41 

he shall be chosen." The pronoun "he" as here used includes 
both sexes. Women are eligible to election to Congress when 
made so by their state law. The first woman representative 
was Miss Jeannette Rankin, of Montana, who was a member 
of the Sixty-fifth Congress (1917-1919). 

Representation in the House of Representatives is in pro- 
portion to population, the more people the state has the larger 
its representation. It is provided that: ''Representation shall 
be apportioned among the several states according to their re- 
spective numbers, counting the whole number of persons in 
each state, excluding Indians not taxed." By the Constitu- 
tion the number of representatives for the First Congress was 
fixed at sixty-five. The ratio upon which the representation 
of each state was based was fixed at one representative for 
every 30,000 inhabitants, provided that each state should 
have at least one representative. The ratio has been changed 
with each succeeding census, it being fixed under the census 
of 1910 at one representative for every 211,977 inhabitants. 
The membership of the House of Representatives of the Sixty- 
seventh Congress (elected under the census of 1910) was 435. 

Congi'ess has granted to organized territories the right to be 
represented in the House by one delegate each, who has the 
right to speak on bills affecting the territory, but no vote. 
This now applies only to Alaska and Hawaii. The Philippine 
Islands and Porto Rico are represented by resident commis- 
sioners, who have no seat, but, by courtesy, are allowed the 
privilege of debate. 

It is provided that: "The House of Representatives shall 
choose their Speaker and other officers." The "other ofl&cers" 
are provided b^^ statute as follows: clerk, sergeant-at-arms, 
doorkeeper, postmaster, chaplain, besides numerous clerks, 
pages, etc. These officers, or rather employees, of the House 
are not meml^ers of that body, but are employed by it. The 
speaker elected by the House is its presiding officer and the 
most powerful member. Most of the work of the House is 
done bj?- committees, and the speaker is the chairman of the 



42 



GOVERNMENT AND THE PEOPLE 



important committee on rules. Prior to the change made in 
1910, by which he was shorn of much of his power, the speaker 
named all of the other committees and appointed their chair- 
men. By thus controlling the committees he practically con- 



REPRESENTATION OF THE STATES IN THE HOUSE 
OF REPRESENTATIVES (1920) 



Alabama 10 

Arizona 1 

Arkansas ^ 7 

California 11 

Colorado 4 

Connecticut 5 

Delaware 1 

Florida 4 

Georgia 12 

Idaho 2 

Illinois 25 

Indiana 13 

Iowa 11 

Kansas 8 

Kentucky 11 

Louisiana 8 

Maine 4 

Maryland 6 

Massachusetts 16 

Michigan 13 

Minnesota 10 

Mississippi 8 

Missouri 16 

Montana 2 

Nebraska 6 

Nevada 1 

New Hampshire 2 

New Jersey 12 



New Mexico 1 

New York 43 

North Carolina 10 

North Dakota 3 

Ohio 22 

Oklahoma 8 

Oregon 3 

Pennsylvania 32 

Rhode Island 3 

South Carolina 7 

South Dakota 3 

Tennessee 10 

Texas 18 

Utah 2 

Vermont 2 

Virginia 10 

Washington 5 

West Virginia 6 

Wisconsin 11 

Wyoming 1 

Alaska delegate 1 

Hawaii delegate 1 

Philippines 

resident commissioners 2 
Porto Rico 

resident commissioner 1 



trolled the work of the House. Now the committees are 
elected by the House. 

The speaker assigns to the appropriate committees the vari- 
ous bills, distributing them in such a manner as best to serve 
his policies. In matter of recognizing members he also exerts 



THE CONGRESS 48 

great power. Except in a few special cases, he is not obliged, 
as ordinarily in parliamentary bodies, to recognize the first 
member who rises and addresses the chair, but he recognizes 
whomsoever he pleases. He may thus largely limit the right 
of speaking to persons of his own choice, for only a member 
who has been recognized by the speaker has a right to address 
the House. The speaker, as a member of the House, has all 
the privileges of members, including the right to vote. Usually, 
however, he does not vote except in case of a tie, or where the 
voting is by ballot. The speaker is elected by the dominant 
party in the House, and acts as the leader of his party in that 
bod}'. In political influence he stands second only to the 
President; in rank he stands next to the Vice-President and 
along with the justices of the Supreme Court. 

37. Compensation, Privileges, and Disabilities of Congress- 
men. — The Constitution provides that: "The Senators and 
Representatives shall receive a compensation for their services 
to be ascertained by law, and paid out of the treasury of the 
United States. They shall in all cases, except treason, felony, 
and breach of the peace, be privileged from arrest during their 
attendance at the session of their respective houses, and in 
going to and returning from the same; and for any speech or 
debate in either house, they shall not be questioned in any 
other place." 

Under this provision the members of Congress fix their own 
salaries, being restrained only by the president's veto and the 
feai' of defeat at the polls if they vote themselves too much 
money. The present salary is $7,500 a year, besides mileage 
at the rate of twenty cents a mile. Senators and representatives 
are paid the same. Congressmen also receive an allowance for 
clerk's salary and stationery, and are provided with offices. 
They are also allowed the franking privilege, or free use of the 
postal service. The president of the Senate and the speaker of 
the House each receive $12,000 a year. 

It is provided by the Constitution that: "No senator or 
representative shall, during the time for which he was elected. 



44 GOVERNMENT AND THE PEOPLE 

be appointed to any civil office under the authority of 
the United States, which shall have been created, or the 
emoluments whereof shall have been increased during such 
time; and no person holding any office under the United 
States shall be a member of either house during his contin- 
uance in office." 

38. Congressional Elections. — Both senators and represen- 
tatives are elected by the people of the several states. The 
Constitution provides that: "The times, places, and manner of 
holding elections for senators and representatives shall be 
prescribed in each state by the legislatm-e thereof; but the Con- 
gress may at any time by law make or alter such regulations, 
except as to the places of choosing senators." * Qongress has 
fixed the Tuesday after the fh'st Mondaj^ in November in the 
even-numbered j^ears as the day for holding congressional elec- 
tions. 

It is provided by what is known as the Apportionment Act 
that where a state is entitled to more than one representative, 
the election shall be held by districts, one representative from 
each district. The division of the state into districts is done 
by the state legislatures. Where a state is entitled to only one 
representative, he is known as a representative "at large," 
and, also, where after a new census Congress in making a new 
apportionment of representatives gives a state an additional 
representative, he is necessarily elected from the state at large 
until the state can be re-districted. A state may thus have 
some representatives representing districts and one or more 
at large. Senators are elected from the state at large. 

39. Sessions of Congress. — Congress meets in the Capitol 
building at Washington, the Senate in the north wing and the 
House in the south wing. Each house has also a handsome 



* The exception as to the places of choosing senators was made in view 
of the fact that originally senators were chosen by the state legislatures, 
which, of course, would normally meet at the state capitals. This excep- 
tion was rendered obsolete by the adoption of the Seventeenth Amendment 
(1913) providing for the popular election of senators. 



46 GOVERNMENT AND THE PEOPLE 

office building recently erected near the Capitol. The regular 
sessions of Congress are determined by the provision of the 
Constitution that: ''The Congress shall assemble at least once 
in every year, and such meeting shall be on the first Monday 
in December, unless. they shall by law appoint a different day." 
There are thus two regular meetings of each Congress, one 
during each year of its life. The life of each Congress is from 
March 4 of the year next after the congressional election until 
March 4 of the second year following. Thus the term of the 
First Congress was from March 4, 1789, to March 4, 1791, and 
that of the Sixty-sixth Congress from March 4, 1919, to March 
4, 1921. 

It will be seen that the first regular session of Congress does 
not begin until more than a year after its members were elected. 
Thus the first regular session of the Congress elected in No- 
vember, 1918, began in December, 1919. This long delay is 
regarded as unfortunate, but Congress has at any time the 
power to change the date of meeting. The delay may also be 
avoided by the calling of an extra session by the President, 
which the Constitution empowers him to do. Such special or 
extraordinary sessions have often been called, and also special 
sessions of the Senate for the purpose of confirming nomina- 
tions, etc. 

40. Congressional Committees. — It is very plainly im- 
possible for any considerable number of persons to transact 
business involving matters of detail without making use of 
committees who can work out the matters referred to them 
and report the results of their deliberations and investigations 
to the body as a whole for final action. Both the House and 
the Senate have too large a membership to transact their busi- 
ness in detail in regular assembly. The House especially, with 
over 400 members, can hardly be called a deliberative body. 
Both houses make large use of committees. In the Sixty-sixth 
Congress there were about seventy committees in the Senate 
and about sixty in the House. These are standing or perma- 
nent committees; select or special committees are also occa- 



THE CONGRESS 47 

sionally appointed, which go out of existence with the perform- 
ance of their special duties. 

41. Party Caucuses and Comniittees. — Party government 
plays a large part in the business of Congress. Both the ma- 
jority and the minority parties in each house hold secret meet- 
ings or caucuses before and during the sessions of Congress 
for the determination of party measures and policies. In the 
caucus held before the opening of each new Congress the ma- 
jority party selects the speaker of the House, whose election is 
a matter of course, and the minority party in its caucus selects 
its leader. The question of house rules is also considered, as 
well as other party matters. Party control through the caucus 
and the party leaders is quite complete, and upon strictly party 
measures every member of the party is expected to vote in ac- 
cordance with the decision of the majority in the party caucus. 
Failure to stand by the party may cause a member to lose his 
influence, and even lead to his defeat at the next election. 
Each party has also a congi'essional committee composed of 
senators and representatives, which co-operates with the na- 
tional committee of the party as a part of the party organiza- 
tion. 

42. Bills, Statutes, and Resolutions. — A bill is a form or 
draft of a proposed statute which has not yet been enacted 
into law; after a bill has l^een passed by the legislature and 
been approved by the executive, or repassed over his veto, it 
becomes a law, act, or statute. An act may be either public 
or private, but only pul)lic acts are properly called law. A 
public act concerns the public at large, or some portion thereof; 
a private act relates to individuals. Examples of public acts 
are the Bankruptcy Act, the Sherman Anti-Trust Act, the 
Federal Reserve Act, the Reclamation Act, the Judiciary Act, 
etc. Examples of private acts are acts granting pensions to in- 
dividuals, awarding medals, conferring special military rank, 
and the like. The private bills introduced into Congi-ess 
usually outnumber the public bills. 

A resolution is sometimes scarcely distinguishable from a 



48 GOVERNMENT AND THE PEOPLE 

bill. Ordinarily it relates to matters of minor or temporary- 
interest, and in general it is a statement of a matter of fact, or 
the expression of the will, purpose, or opinion of the body, or 
a declaration announcing or constituting a part of the accom- 
plishment of some act. A resolution may be simple, concurrent, 
or joint. A simple resolution is one passed by either house 
alone; a concurrent resolution is one passed by one house and 
accepted or concurred in by the other; a joint resolution is one 
passed by both houses in the same manner as a bill. Simple 
resolutions deal with matters affecting only the house by which 
they are passed. In this manner each house adopts its rules 
of order, calls upon officers of other departments to furnish in- 
formation, disciplines its members, or expresses its opinion on 
public questions. A concurrent resolution relates to matters 
which in like manner concern both houses; such are resolutions 
fixing the time for adjournment, adopting joint rules, providing 
for the printing of documents, or dealing with other matters 
affecting the affairs or business of Congress, or expressing the 
opinion of Congress. Neither simple nor concurrent resolu- 
tions are sent to the president for approval. 

A joint resolution is legislative in character and has the force 
of law and is passed in the same manner as any other act of 
Congress. It must be signed by the President or passed over 
his veto. It differs from an ordinary act of Congress, so far 
as there is a difference, in that while a bill embodies ordinary 
legislation, a joint resolution usually deals with matters of an 
incidental, minor, or exceptional character. Joint resolutions 
are published with the other acts of Congress, and many of them 
are found in the statute laws of the United States. Among 
such resolutions may be cited various provisions relating to 
the Library of Congress, resolutions authorizing the coinage of 
money, making United States notes legal tender, designating 
Mother's Day, authorizing the secretary of the treasury to 
borrow money, declaring war, making appropriations, admit- 
ting new states, etc. The Hawaiian Islands were annexed by 
joint resolution. Proposed amendments to the Constitution 



THE CONGRESS 49 

are adopted by Congress by joint resolution, but are not sub- 
mitted to the president for approval. As such resolutions have 
already received a two-thirds vote of members of Congress — 
enough to repass them over the President's veto — submission 
to the President is deemed unnecessary and not within the 
constitutional requirement. 

43. The Enactment of Laws. — Unlike the state constitu- 
tions, the federal Constitution does not set out in detail the 
steps to be followed in introducing and acting upon bills, ex- 
cept with reference to the submission of bills when passed by 
both houses to the President. Other matters of procedure are 
determined by the rules of the Senate and House. Any mem- 
ber may introduce as many bills and resolutions as he chooses 
and on any subject, except that bills for raising revenue must 
originate in the House. Bills introduced by members are re- 
ferred to the appropriate committees, which may report the 
bills unfavorably, or favorably, with or without amendments 
made by the committee, or they may fail to report them at all. 

The great majority of bills introduced are killed in com- 
mittee. Thousands of bills which are without merit, many of 
which were perhaps introduced by members merely to satisfy 
their constituents, are thus quietly disposed of. As committee 
meetings are generally secret the constituents have no real 
means of keeping check upon their representatives. The com- 
mittees frequently prepare and report their own bills, and much 
important legislation is drafted by committees or by party 
leaders in caucus. In some cases the President joins in the 
preparation of a bill. Committees of the two houses frequently 
co-operate in preparing a bill. 

When a bill has been reported to either house, and has been 
duly considered and passed by a majority of that house, it is 
reported to the other house for consideration. If passed by a 
majority vote of this house also, it is then submitted to the 
President as required by the Constitution. 

If the President approves the bill, he returns it to the house 
in which it originated with his signatm-e, but if not, he returns 



50 GOVERNMENT AND THE PEOPLE 

it unsigned with a statement of his objections to it. It may 
then be reconsidered by Congress, and if repassed by a two- 
thirds vote of both houses, it becomes a law notwithstanding 
the President's veto. While Congress remains in session the 
President must return bills within ten days or they become 
laws without his signature. If Congress adjourns within the 
ten days and the bills are not returned by the President, they 
do not become laws. By withholding a bill in this way when 
Congress is about to adjourn, the President may in effect 
veto a bill without assigning reasons and without the possi- 
bility of its being passed over his veto. This is called a "pocket 
veto." 

44. Appropriations and Expenditures. — It is provided that: 
"No money shall be drawn from the treasury but in conse- 
quence of appropriations made by law; and a regular statement 
and account of the receipts and expenditures of all public 
money shall be published from time to time." This provision 
gives to Congress the absolute control of the treasury, since no 
money can be drawn by any department of the government 
without the authority of Congress in the form of an appropria- 
tion. Due publicity is secured by the fact that all appropria- 
tions are embodied in statutes, and also by the requirement of 
the publication of statements of receipts and expenditures. 
These statements are found in the annual reports of the secre- 
tary of the treasury. Appropriations and disbursements have 
hitherto been made by Congress in a most unbusinesslike way 
resulting in great waste, but a national budget law was passed 
in 1921, which, it is hoped, will bring system and economy into 
national finances. 

45. The Powers of Congress. — Congress, like the other de- 
partments of the federal government, has only such powers as 
are granted to it in the Constitution. The strictly legislative 
powers are set out in Article I, Section 8, of the Constitution. 
Some of these will be discussed in other sections of this book, 
such as the power to tax, the power to regulate commerce, etc. 

It is quite commonly supposed that the Constitution con- 



THE CONGRESS 51 

tains a clause authorizing Congress to legislate for the ''gen- 
eral welfare," l)ut such is not the case. The expression "gen- 
eral welfare" occurs twice in the Constitution, once in the 
Preamble, which grants no power, and also in connection with 
the grant of the i)ow(n- to tax. All legislation by Congress is 
presumed to be for the general welfare, but there is no specific 
grant of the power to legislate therefor. Such a grant would 
render all the other grants superfluous, for the power to legislate 
for the general welfare would include them all. 

Scattered through the Constitution are various special or in- 
cidental powers vested in Congress, mostly of an administra- 
tive rather than a legislative character. Such are, power to 
provide for taking the census; to regulate congressional elec- 
tions; to fix the day on which Congress shall meet; to fix the 
compensation of members of Congress and of the President and 
judges; and many others. Besides the powers granted to Con- 
gress, certain powers are granted to each house separately, 
namely, power to judge of the election and qualifications of 
members; to compel attendance; to make rules; and to punish 
and expel members. Congress also has jurisdiction of the im- 
peachment of civil officers of the United States. Impeachment 
proceedings are started by the House of Representatives by 
presenting formal charges against the accused to the Senate. 
The Senate sits as a court and tries the accused. This is a 
case in which Congress exercises a judicial function. 

46. The Implied or Auxiliary Powers, — The grant of a par- 
ticular power to Congi-ess naturally includes power to do what- 
ever may be reasonably necessary to the full and proper exer- 
cise of the power expressly granted; such incidental or auxiliary 
power is implied in the express grant. Thus the power to 
borrow money includes the power to issue notes or bonds for 
the money borrowed. So important a matter, however, has 
not been left to mere implication. At the end of the list of 
enumerated powers granted to Congress in the Constitution is 
the grant of power, ''to make all laws which shall be necessary 
and proper for carrying into execution the foregoing powers, 



52 GOVERNMENT AND THE PEOPLE 

and all powers vested by this Constitution in the government 
of the United States, or in any department or officer thereof." 
Under this clause the Supreme Court has been liberal in 
recognizing incidental powers. The incidental power need not 
be the sole and indispensable means of executing the power 
expressly granted; it is enough if it is an appropriate means. 
In the exercise of its powers Congress is given the choice of 
means, and may employ those measures which, in its judg- 
ment, will best accomplish the end in view. This doctrine is 
summed up in a famous declaration of Chief Justice Marshall 
which has served as a guide for the Supreme Court for over a 
century: ''Let the end he legitimate, let it he within the scope of 
the Constitution, and all means which are appropriate, which are 
plainly adapted to that end, which are not prohihited, hut consist 
loith the letter and spirit of the Constitution, are constitutional.'' 

Questions 

1. What are the main advantages of having Congress consist of two 
houses? How many senators are there from your state; from Delaware; 
from all the states together? Name the senators from your state. How 
many representatives has your state? What determines how many rep- 
resentatives a state shall have? Who is your representative? 

2. Point out the differences in the qualifications and term of office of 
senators and representatives. How often do we have a new Congress? 
Does the Senate as a body ever go out of office all at once? Does the 
House? Who presides over the meetings of the Senate; of the House? 

3. How are members of Congress elected ? Who determines the quah- 
fications of voters in congressional elections? 

4. How often are regular sessions of Congress held? When does the 
first (long) session begin; the second (short) session? May Congress 
change the time of beginning the sessions? If it becomes important for 
laws to be passed when Congress is not in regular session, who may call 
extra sessions? 

5. Why do the houses of Congress make so much use of committees? 
Name three important committees of each house. "What do committees 
do? Who appoints committees? 

6. What is a bill; a statute; a simple resolution ; a concurrent resolution; 
a joint resolution? Which would be the form to use to expel a senator; 
to declare war; to adjourn both houses of Congress; to levy duties on im- 
ports ? 



THE CONGRESS 53 

7. In a general way how are laws enacted by Congress? May a bill 
be passed without the president's approval? 

8. In which branch of Congress must bills for raising revenue originate? 
Why? What provisions are found in the Constitution to prevent the 
w^aste of public money? 

9. What is the source of all the powers of Congress, and in this respect 
how does Congress differ from a state legislature? Name five powers of 
Congress. Has Congress power to legislate for the "general welfare"? 
Where is the so-called "general welfare clause" found in the Constitution? 

10. Congress is not expressly authorized to charter corporations, but 
has chartered thousands of national banks. Where does it get power to 
do this? What was Chief Justice Marshall's doctrine as to what inci- 
dental powers may be exercised by Congress? 



CHAPTER V 
THE PRESIDENT 

47. The Office of President. — The Constitution provides 
that: "The executive power shall be vested in a President of 
the United States of America." The Presidency is the greatest 
office in the government of the United States. As the chief 
executive of a great nation the President is one of the most 
powerful rulers on earth. His dignity is qualified to some ex- 
tent by the fact that he holds office for only a limited term, but 
it may be doubted whether any other person in the world is 
his equal in power and influence while he is in office. Above 
all other figures in the country the occupant of the White 
House appeals to the popular imagination. 

The constitutional qualifications for the Presidency are as 
follows: "No person except a natural-born citizen, or a citizen 
of the United States at the time of the adoption of this Con- 
stitution, shall be eligible to the office of President; neither shall 
any person be eligible to that office who shall not have attained 
the age of thirty-five years, and been fourteen years a resident 
within the United States." 

The Constitution provides that: "The President shall, at 
stated times, receive for his services, a compensation, which 
shall neither be increased nor diminished during the period for 
which he shall have been elected, and he shall not receive, 
within that period, any other emolument from the United 
States, or any of them." The salary of the President was 
originally fixed at $25,000 a year, remaining at this figure from 
1789 -to 1873, when, at the beginning of President Grant's 
second term, it was made $50,000, remaining at this figure 
until 1909, when it was fixed at $75,000 a year, with an allow- 
ance of $25,000 for travelling expenses. He has also the use 

54 



THE PRESIDENT 



55 



of the Executive Mansion, and various incidental perquisites, 
making the total cost of the presidential office probably about 
$300,000 a year. 

48. Term of Office — Re-election. — After much debate the 
constitutional convention fixed the President's term of office 
iit four years, with no provision on the subject of his eligibility 
to re-election. The President may, therefore, be re-elected, 





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AN AIRPLANE VIEW OF THE WHITE HOUSE AT WASHINGTON. 



Avhich has often happened. But, although there is no provision 
in the Constitution against a third term, or any number of 
terms, the overwhelming sentiment of the American people is 
against a third term. The President's term begins on March 
4 after his election, this being the date on which the govern- 
ment under the Constitution was inaugurated. This date is 
fixed by statute and also by the Twelfth Amendment. Pro- 
posals to amend the Constitution so as to change the length of 
the President's term, or to render him ineligible for re-election, 
are common, but there is no general agreement as to what 
change should be made. The present arrangement is prob- 
ably as satisfactory as any that could be devised. 



56 GOVERNMENT AND THE PEOPLE 

49. Election of the President. — The most important politi- 
cal event in American life is the election of the President, which 
occurs once in every four years. It is the only act of govern- 
ment in which all the voters of the country may take part. 
Members of Congress for the several states are elected by the 
voters of the respective states, but the President and Vice- 
President are elected by the people of the whole country. 
This fact and the great dignity and importance of the presi- 
dential office make the election of the President a matter of 
extraordinary interest. There are three steps in the election: 
the nomination of the candidates, the choice by the people of 
presidential electors, and the meeting of the electors to cast 
their votes. The nomination of the candidates by national 
conventions of the several political parties will be described 
in Chapter XVIII. 

The Constitution leaves the mode of appointing electors to 
the several states, it being provided that "each state shall ap- 
point, in such manner as the legislature thereof may direct, a 
number of electors equal to the whole number of senators and 
representatives to which the state may be entitled in the Con- 
gress." Different modes of choosing electors have been em- 
ployed, but since 1868 all the states have chosen their electors 
by a general election. Each party nominates its full ticket of 
electors and the people of the state at large by general vote 
make a choice between the respective tickets. Technically the 
vote is cast for the electors, who later are supposed to vote for 
President and Vice-President, but actually the vote is for these 
officers themselves, the people thus indirectly choosing Presi- 
dent and Vice-President, without caring, or perhaps even know- 
ing, who the electors may be. The real vote is for the heads 
of the ticket. As soon as it is known which electors are chosen 
the result of the presidential election is known, for the subse- 
quent meeting of the electors to cast their votes for President 
and Vice-President is merely a matter of form. 

After the several parties have nominated their candidates, 
the appeal to the people begins. Throughout the summer and 



THE PRESIDENT 57 

up to the day of the election the struggle for the Presidency 
occupies the attention of the country. The period of a presi- 
dential election is naturally a time of unrest and excitement. 
Not only the President but congressmen and many state offi- 
cers are elected at the same time, and in view of the possibility 
of a change of administration and party control of the govern- 
ment, business is somewhat timid until after the election. The 
government itself largely merely marks time during this period. 
If the President is himself a candidate for re-election, which he 
almost always is if not already in his second term, he devotes 
himself mainly to the election, and many of the government 
officials do the same. 

The disturbance of business and the distraction of the people 
from their ordinary pursuits during the period of a presidential 
election have sometimes been urged as a serious objection to 
the frequency of such elections, and as an argument in favor 
of a longer presidential term. It would seem, however, that 
the disadvantages are more than offset by the benefits to be 
derived from the campaign. This is especially true since the 
campaigns have become less noisy and more educational. 
Even so dry a subject as the currency absorbed the attention 
of the country in the silver campaign of 1896. There can be 
no doubt that the intensive discussion for five months of great 
national issues and problems must have very great educational 
value. Moreover, the campaign brings the national govern- 
ment home to the people and arouses in them a sense of civic 
responsibility and an interest in public affairs as perhaps noth- 
ing else but war could do. In the words of Mr. Bryce: "No- 
where does government by the people, through the people, for 
the people, take a more directly impressive and powerfully 
stimulative form than in the choice of a chief magistrate by 
fifteen millions of citizens voting on one day." The number 
of voters is now about 30,000,000. 

The vote for presidential electors takes place on the Tuesday 
next after the first Monday in November in every fourth year 
after the last election, this date being fixed by Congress as 



58 GOVERNMENT AND THE PEOPLE 

provided in the Constitution. A new House of Representatives, 
one-third of the Senate, and many state governors and other 
state officers are elected on the same day. Congress also fixes 
the time when the electors so chosen shall meet and cast their 
votes for President and Vice-President. By the present law 
this date is the second Monday in January next following the 
choice of electors, the electors of each state meeting at such 
place therein as the state legislature may direct. The casting 
of votes by the electors is, of course, merely a formal ratifica- 
tion of the will of the people as expressed in the November 
election. The votes are certified to the president of the Senate 
and opened and counted as provided by the Twelfth Amend- 
ment.* 

The inauguration of the newly elected President takes place 
on the fourth of March next following his election. The Con- 
stitution provides that: ''Before he shall enter on the execu- 
tion of his office, he shall take the following oath or affirjnation : 
' I do solemnly swear (or affirm) that I will faithfully execute the 
office of President of the United States, and will, to the best of 
my ability, preserve, protect, and defend the Constitution of 
the United States.'" By custom the oath is administered by 
the Chief Justice of the Supreme Court. After taking the oath 
the new President delivers an inaugural address in which he 
sets forth in general the policies which shall govern his ad- 
ministration. Great crowds flock to Washington to witness 
the inauguration exercises. 

50. The Cabinet. — The Constitution makes no provision 
for the President's cabinet, but as a matter of custom the heads 
of the executive departments compose an advisory body to 
the President known by that name. These officers meet in- 
formally with the President in his office in conferences for re- 

* Under the original mode of election provided for by the Constitution 
the electors voted only for President, the candidate receiving the highest 
number of votes becoming President, and the candidate receiving the next 
highest becoming Vice-President. This plan did not work well, and by the 
Twelfth Amendment, adopted in 1804, it is provided that the electors shall 
vote for the two officers separately. 



THE PRESIDENT 59 

ports and discussion. The nieotings are informal and usually 
secret, and no record is kept of the proceedings. As a rule 
there are no resolutions nor voting on propositions submitted. 
When taken, a vote is significant only as an expression of 
opinion. Thus it is related that after a vote by President 
Lincoln's cabinet on an important question upon which all the 
members of the cabinet were against him, the President an- 
nounced the result as follows: "Seven nays, one aye; the ayes 
have it." 

51. Powers and Duties of the President. — The powers and 
duties of the President, like those of Congress and the federal 
courts, are defined by the Constitution, and he can lawfully 
exercise only such authority as is conferred upon him by that 
instrument. The functions and powers of the President are 
set forth as follows: 

Section 2. The President shall be commander-in-chief of the army 
and navy of the United States, and of the militia of the several States 
when called into the active service of the United States; he may require 
the opinion, in writing, of the principal officer in each of the executive 
departments, upon any subject relating to the duties of their respec- 
tive offices, and he shall have power to grant reprieves and pardons for 
offenses against the United States, except in cases of impeachment. 

He shall have power, by and with the advice and consent of the 
Senate, to make treaties, provided two-thirds of the senators present 
concur; and he shall nominate, and by and with the advice and con- 
sent of the Senate, shall appoint ambassadors, other public ministers 
and consuls, judges of the Supreme Court, and all other officers of the 
United States, whose appointments are not herein otherwise provided 
for, and which shall be established by law; but the Congress may 
by law vest the appointment of such inferior officers as thej^ think 
proper, in the President alone, in the courts of law, or in the heads of 
departments. 

The President shall have power to fill up all vacancies that may 
happen during the recess of the Senate, by granting commissions which 
shall expire at the end of their next session. 

Section 3. He shall from time to time give to the Congress informa- 
tion of the state of the Union, and recommend to their consideration 
such measures as he shall judge necessary and expedient; he may, on 
extraordinary occasions, convene both houses, or either of them, and 



60 GOVERNMENT AND THE PEOPLE 

in case of disagreement between them, with respect to the time of 
adjournment, he may adjourn them to such time as he shall think 
proper; he shall receive ambassadors and other public ministers; he 
shall take care that the laws be faithfully executed, and shall commis- 
sion all officers of the United States. 

Such in bald outline are the powers and duties of the Presi- 
dent. They extend to five general classes of subjects, namely: 
(1) the appointment and removal of officers of the United 
States; (2) legislation; (3) foreign relations of the United States;* 
(4) the enforcement of the laws; and (5) the command of the 
army and navy.f But the mere enumeration of his functions 
as set forth in the Constitution conveys a very inadequate no- 
tion of the vast power and influence of the President as the 
presidential office has developed with the growth of the nation 
and the increasing participation of the government in the ordi- 
nary affairs of life. 

As chief executive the President stands at the head of a great 
number of officials engaged in carrying on the work of the 
government throughout the country. Many of these are his 
personal appointees, and practically all of the more important 
officers hold their positions at his pleasure. As head of the 
national administration he not only determines to a great ex- 
tent the personnel of the administration, but he very largely 
directs the heads of departments and their subordinates in the 
actual performance of their duties. Many of the regulations 
governing the conduct of public affairs are prescribed by him. 
Not only as head of the administration, but scarcely less as 
head of one of the great political parties, he exerts an almost 
controlling influence over national policies and determines in 
large measure the legislation of his administration. Because 
of his unequalled opportunity of reaching the people through 
his messages to Congress and his public addresses, he, more 
than any other individual, may mould the sentiment of the 
nation. He is the official representative of the country in the 

* As to the President's control of foreign affairs, see Chapter XXXII. 
t As to the military powers of the President, see Chapter XXXI. 



THE PRESIDENT 61 

conduct of foreign relations, and is primarily responsible for 
its foreign policy. More than once there has rested almost 
solely in his hands the issue of peace or war. 

Charged with the duty of taking care that the laws be faith- 
full}^ executed, it is to him that the nation looks for the main- 
tenance of law and order throughout the country, so far as this 
function is committed to the federal government. When Con- 
gress is not in session he is practically the government. As 
commander-in-chief of the army and navy his power is consid- 
erable even in time of peace, and when the country is at war is 
practically that of a military dictator. The power and influ- 
ence of any particular President will, of course, depend largely 
upon his own personal qualities and his relations to the politi- 
cal party in power, but even when occupied by a mediocre per- 
sonality the office of President of the United States is one of 
the greatest dignity and importance. 

52. Appointments to Office. — The President's power of ap- 
pointment is one of the most important of his powers, not only 
l)ecause of the number of officers to be appointed and the great 
importance of some of these, but also because of the influence 
it enables the President to exert on members of Congress and 
others through the distribution of patronage. The power 
extends to the appointment of military and naval officers as 
well as of civil officers. The Constitution itself establishes oi- 
makes express provision for very few officers. The establish- 
ment of federal offices is left almost entirely to Congress. The 
President has no power to create offices, or to appoint persons 
to offices not created by Congress. Congress has established 
a large number of offices, and new offices are constantly being 
created. The number of officers at present nominated or ap- 
jjointed by the President is about 11,000. These, of course, 
are the more important officers. 

The making of these appointments is one of the most bur- 
densome and important duties of a newly installed President. 
President Harrison stated after his retirement that he spent 
from four to six hours daily during the first half of his term 



62 GOVERNMENT AND THE PEOPLE 

hearing applications for office. It is related of President Lin- 
coln that on one occasion during the Civil War a friend re- 
marked: "You look anxious, Mr. President; is there bad news 
from the front?" "No," was the reply, "it isn't the war; it's 
that postmastership at BroAvnsville, Ohio." Of course the 
President cannot personally select all the vast number of offi- 
cers to be appointed or nominated bj^ him; only in very few 
cases can the appointments be made from among his personal 
acquaintances or without leading suggestions from others. 
The heads of departments, justices of the Supreme Court, and 
the more important diplomatic and military and naval officers 
are usually selected by the President himself. Judges of in- 
ferior courts, revenue officers, customs officials, district attor- 
neys, postmasters, and other officers of lower rank are ap- 
pointed usually upon the suggestion of senators and party 
leaders in the several states. 

In accordance with a principle known as the " courtesy of the 
Senate," the selection of these officers is usually left to the 
senators of the respective states, if of the President's own part}^, 
and if not, to the party leaders of the state. As a rule the 
Senate will confirm only nominees who are acceptable to the 
senators or party leaders of the state affected. 

53. Term of Federal Officers. — There is no definite term of 
office of federal officers unless fixed by law. The Constitution 
provides that the federal judges shall hold office during good 
behavior. Heads of the executive departments hold office dur- 
ing the pleasure of the President, going out of office, of course^ 
with the expiration of the presidential term. Diplomatic of- 
ficers likewise are appointed for no definite terms, and tender 
their resignations with a change of administration. The term 
of many officers is fixed by law; thus that of United States dis- 
trict attorneys, marshals, chiefs of bureaus, postmasters (except 
of the fourth class), and many others, is four years. For some 
officers no term is fixed; for example, the treasurer of the United 
States, the commissioner of internal revenue, the solicitor-gen- 
eral, the commissioner of pensions, and others. Officers and 



THE PRESIDENT 63 

employees entering the service under the Civil Service regula- 
tions hold for indefinite terms (Section 70). 

54. The Power of Removal. — The Constitution is silent as 
to the power of removing officers of the United States, except 
by impeachment. But the removal of an officer by some less 
cumbrous process may sometimes be necessary, for the good of 
the service, and that an officer may be otherwise removed has 
been accepted from the beginning, though it was not clear by 
whom he might be removed. It has now long been settled, 
however, that the President has the power of removal not only 
of officers appointed by himself alone, but of those also for 
whose appointment the consent of the Senate is necessary. 
Federal judges, however, are removable only by impeachment. 
The President may remove officers appointed by his predeces- 
sors as well as his own appointees. The President's power of 
removal extends to military and naval officers as well as to 
civil officers. One mode of removing an officer is the appoint- 
ment of another person in his place. 

The removal of an incompetent or unfit officer by the Presi- 
dent may be regarded as the discharge of his duty to take care 
that the laws be faithfully executed, but the President may 
remove officers not only for unfitness and incompetency, but for 
any other reason satisfactory to himself. Removals for politi- 
cal reasons have been common. Since the introduction of the 
spoils system by President Jackson in 1829, wholesale removals 
have taken place with each change of administration, l^ut this 
evil has been greatly checked as to officers of the lower grades 
by the development of the Civil Service system. Officers and 
employees appointed by the courts or by the heads of depart- 
ments are removable by them. 

55. Removal by Impeachment. — The Constitution provides 
that: "The President, Vice-President, and all civil officers of the 
United States, shall be removed from office on impeachment for, 
and conviction of, treason, bribery, or other high crimes and 
misdemeanors." Impeachment proceedings are started by the 
House of Representatives, which presents formal charges against 



64 GOVERNMENT AND THE PEOPLE 

the accused to the Senate, which sits as a court and tries the 
defendant. A two-thirds vote of the Senate is required for 
conviction. When the President is tried, the Chief Justice of 
the Supreme Court presides at the trial. ''Judgment in cases 
of impeachment shall not extend further than to removal from 
office, and disqualification to hold and enjoy any office of trust, 
honor, or profit under the United States; but the party so con- 
victed shall nevertheless be liable and subject to indictment, 
trial, judgment, and punishment according to law." The 
President's pardoning power does not extend to cases of im- 
peachment. There have been seven impeachment trials. Six 
federal judges have been impeached, of whom three were ac- 
quitted and three removed. President Andrew Johnson was 
impeached in 1868, and missed conviction by only one vote. 
The secretary of war, William W. Belknap, was impeached in 
1874, but resigned while under impeachment, and a judgment 
of acquittal was entered. 

56. Legislative Power of the President. — Although not 
connected with the legislative branch of the government, the 
President, through his recommendations and the actual or 
prospective use of his veto power, has great influence in shap- 
ing legislation. His commanding position as head of the na- 
tion, party leader, and the distributer of federal patronage 
often enables him to force through Congress measures which 
he recommends, especially if they are popular with the people. 
Under the leadership of Presidents Roosevelt, Taft, Wilson, and 
Harding much of the most important recent federal legislation 
has been enacted. The President has become in fact in the 
largest sense a lawmaker, especiallj^ when the party to which 
he belongs has a majority in Congress. 

Besides his veto the President uses his messages to Congress 
as a direct means of influencing legislation. The effect of the 
President's message on legislation or other congressional ac- 
tion will depend, of course, upon his personal influence, and 
also upon the nature of his recommendations. Congress is 
free to take such action upon the message as it sees fit. One 



THE PRESIDENT 05 

of the most important functions of the President's message is 
to inform the public and to mould public opinion. By reason 
of his official position the President has immense influence with 
the public. His message is at once printed in full in all the 
leading newspapers, and thus instantly commands the atten- 
tion of the whole nation. If the views of the President as ex- 
pressed in his message meet with general approval, his recom- 
mendations become almost mandatory upon Congress, which 
is extremely sensitive to public opinion. Presidents Wash- 
ington and Adams delivered their annual addresses to Con- 
gi-ess in person, the occasion being one of some ceremony. 
President Jefferson, who was not a good public speaker, sent 
a written address, which was read to each house by its clerk 
or secretary. This example was followed by all of his suc- 
cessors until President Wilson, an accomplished speaker, re- 
vived the original practice and delivered in person his first 
annual address to Congress in 1913. 

57. Succession to the Presidency. — The Constitution pro- 
vides that: "In case of the removal of the President from office, 
or of his death, resignation, or inability to discharge the powers 
and duties of the said office, the same shall devolve upon the 
Vice-President, and the Congress may by law provide for the 
case of removal, death, resignation, or inability, both of the 
President and Vice-President, declaring what officer shall then 
act as President, and such officer shall act accordingly, until the 
disability be removed, or a President shall be elected." Ex- 
cept to be in waiting, so to speak, as a possible successor to the 
President, the Vice-President has no other duties than as pre- 
siding officer of the Senate. In 1921, however, President Hard- 
ing added Vice-President Coolidge to his cabinet. 

No President has ever resigned or been removed from office, 
but five Presidents have died in office and been succeeded by 
the Vice-President. No way of determining what constitutes 
inability to act as President has been provided by law. Twice 
the question has become a practical one. President Garfield 
was shot on July 2, 1881, and totally disabled until his death on 



66 GOVERNMENT AND THE PEOPLE 

September 19, and President Wilson was disabled by illness for 
many months in 1919-1920. On neither of these occasions did 
the Vice-Presidents assume the duties of the President, and the 
country was thus for the time being, to all intents and pur- 
poses, without an executive head. Congress has fixed the order 
of presidential succession in case of the removal, death, resigna- 
tion, or inability of both President and Vice-President as fol- 
lows: secretary of state, secretary of the treasury, secretary of 
war, attorney-general, postmaster-general, secretary of the 
navy, secretary of the interior. 

Questions 

1. How is the President nominated and elected? Give some reasons 
for and against an amendment to the Constitution making the President's 
term six years, without eligibility for re-election. 

2. What is the cabinet? Has it any authority? Name four mem- 
bers of the present cabinet. 

3. Mention the principal powers and duties of the President. 

4. How are appointments to office made? Explain how the Senate 
really controls the selection of most appointed officials. What is the 
"courtesy of the Senate"? 

5. What officers are removable by the President? May a competent 
and faithful officer be removed before his term has expired? How may 
the President be removed; a federal judge? 

6. Explain how the President takes part in the making of laws. 

7. In case of the death of the President, who succeeds him? What if 
his successor should die also ? flow if the President should become insane ? 



CHAPTER VI 
EXECUTIVE DEPARTMENTS AND AGENCIES 

58. In General. — The establishment of executive depart- 
ments for the administration of the government was taken for 
granted by the framers of the Constitution, which impliedl.y 
provides for their creation by express references to heads of 
departments. Upon th? inauguration of the new government 
in 1789 Congress provided for the Departments of State, the 
Treasury, and War, and the office of Attorney-General. The 
federal post-office was already in existence under a postmaster- 
general, but was not put on a permanent basis until 1794. 
From time to time other executive departments have been es- 
tablished, and many l^ureaus, commissions, or offices have 
been created. 

The work of the executive branch of the government is car- 
ried on by the President, the executive departments, the various 
boards and commission^, and a great number of individual 
officers. The enumeration of these departments and agencies 
will serve to convey some idea of the vast amount of work 
that is performed by the federal government. The establish- 
ment of new bureaus and offices as occasion demanded and 
their assignment to various existing departments in some cases, 
has occasionally produced incongruities, such as the assign- 
ment of the Public Health Service and the office of the Super- 
vising Architect to the Treasury Department. From time to 
time executive agencies are transferred from one department 
to another or to newly created departments.* 

* The Congressional Direclory gives the best account of the workiiif; 
forces of the federal government. It contains biographical sketches of 
members of Congress and a list of the civil officers, a general description 
of the various departments, etc. It is published several times a year by 
Congress, and copies may be obtained through members of Congress or 
it may be purchased at a nominal price from the superintendent of docu- 
ments, Government Printing Office, Washington, D. C. 

67 



68 GOVERNMENT AND THE PEOPLE 

There are now ten executive departments, which, with the 

dates of their establishment, are as follows: 

1. The Department of State 1789 

2. The Department of the Treasury 1789 

3. The Department of War 1789 

4. The Department of Justice 1789, 1870 

5. The Post-Office Department 1794, 1829 

6. The Department of the Navy 1798 

7. The Department of the Interior 1849 

8. The Department of Agriculture 1889 

9. The Department of Commerce 1903 

10. The Department of Labor 1913 



59. The Department of State. — The head of the Depart- 
ment of State is the secretary of state. He has charge, under 
the direction of the President, of the administration of the 
foreign affairs of the country, including the negotiation of 
treaties, etc., with other governments, and the direction of the 
diplomatic and consular service. He is also the medium of 
correspondence between the President and the governors of 
the states; he has the custody of the great seal of the United 
States, and countersigns and affixes the seal to executive proc- 
lamations, officers' commissions, and other documents requir- 
ing such authentication. 

60. The Department of the Treasury. — The head of the 
Treasury Department is the secretary of the treasury. The 
most important officers and agencies under him are the comp- 
troller of the treasury, the treasurer of the United States, the 
commissioner of internal revenue, the director of the mint, the 
comptroller of the currency, the auditors for the several ex- 
ecutive departments, the register of the treasury, the supervising 
architect, also the Bureau of Engraving and Printing, the Coast 
Guard, the Public Health Service, the Federal Farm Loan 
Board, and the Bureau of War Risk Insurance. The secretary 
of the treasury has charge of the national finances. He also 
attends to the coining of money and the printing of paper 
money, bonds, postage-stamps, etc., and administers the 



EXECUTIVE DEPARTMENTS AND AGENCIES 



69 



Coast Guard and Public Health Services, and directs the con- 
struction and maintenance of public buildings. 

61. The Department of War. — The secretary of war is the 
head of the War Department, and performs such duties as are 





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PRESIDENT HARDING AND HIS CABINET. 



required of him by law or by the President concerning the mili- 
tary service. The organization of the Department of War is 
elaborate, the most important single agency being the general 
staff composed of army officers. Under the War Department 
belong the Bureau of Insular Affairs and the United States 
Military Academy. 

62. The Department of Justice. — The attorney-general is 
the head of the Department of Justice and the chief law officer 
of the government. He represents the United States in all 
legal matters. The attorney-general has been a member of 



70 GOVERNMENT AND THE PEOPLE 

the President's cabinet since 1789, but the Department of Jus- 
tice, with the attorney-general at its head, was not established 
until 1870. Besides the attorney-general, there are also in the 
department a solicitor-general and various other legal officers. 

63. The Post-Office Department. — The postmaster-general 
is the head of the Post-Office Department. This department 
was in existence under the Articles of Confederation, and was 
put on a permanent basis by Congress in 1794, but the post- 
master-general was not made a member of the President's 
cabinet until 1829. 

64. The Department of the Navy. — The secretary of the 
navy is the head of the Navy Department and has general 
superintendence of the navy of the United States and performs 
such duties as may be assigned to him in that connection by 
the president. The United States Naval Academy belongs to 
this department. 

65. The Department of the Interior. — The secretary of the 
interior is the head of the Department of the Interior, which 
has charge of a number of more or less unrelated matters. Be- 
longing to this department are the General Land Office, which 
has charge of the public lands; the commissioner of Indian 
Affairs; the Pension Bureau; the Patent Office;* the Office of 
Education;! the Geological Survey; the Reclamation Service; 
the Bureau of Mines; and the National Park Service. 

* The commissioner of patents has charge of the Patent Office, from which 
}iatents are issued to inventors. A patent entitles the holder to the ex- 
clusive right to control the manufacture and sale of the patented article 
for a period of seventeen years. To obtain a patent the services of a patent 
lawyer are almost a necessity. 

t An odd function of the commissioner of education is the supervision 
of the reindeer industry in Alaska. The introduction of reindeer from 
Siberia into Alaska for the benefit of the natives has been one of the most 
humane and successful of the minor undertakings of the federal govern- 
ment. It was found that the natives were suffering for want of the means 
of sustenance, and to meet this situation the importation of reindeer from 
Siberia was begun in 1892, the total number introduced being 1,200. By 
1916, under government protection, these had increased to over. 80,000, 
and they are still increasing. They supply food, clothing, and service to 
the natives. 



EXECUTIVE DEPARTMENTS AND AGENCIES 71 

66. The Department of Agriculture. — The secretary of 
agriculture is the head of the Department of Agriculture, the 
general design and duties of which are to acquire and diffuse 
among the people of the United States useful information on 
subjects connected with farming, stock-raising, fruit-growing, 
and the like. This department was first established in 1862 
as a department in charge of a commissioner of agriculture. 
In 1889 it was made one of the executive departments, and its 
head became a member of the cabinet as secretary of agricul- 
ture. The Weather Bureau was transferred to it from the 
War Department in 1891. Some other divisions of the De- 
partment of Agriculture are the Bureaus of Animal Industry, 
Plant Industry, Chemistry, Soils, Entomology, Biological Sur- 
vey, Crop Estimates, Public Roads, and Markets; also the 
Forest Service. 

67. The Department of Commerce. — The secretary of com- 
merce is the head of the Department of Commerce. This de- 
partment was established in 1903 as the Department of Com- 
merce and Labor, but in 1913 the work of the department was 
divided and a portion of it transferred to a new department, 
known as the Department of Labor. The functions of the 
Department of Commerce are indicated by the enumeration 
of its several bureaus, etc., as follows: Bureaus of the Census, 
Foreign and Domestic Commerce, Standards, Fisheries, Light- 
houses, and Navigation; also the Coast and Geodetic Survey, 
and the Steamboat Inspection Service. 

68. The Department of Labor. — The secretary of labor is the 
head of the Department of Labor. This department was es- 
tablished in 1913 upon the division of the Department of Com- 
merce and Labor. The purpose of the department is to foster, 
promote, and develop the welfare of the wage-earners of the 
United States, to improve their working conditions, and to 
advance their opportunities for profitable employment. There 
are four bureaus: the Bureau of Labor Statistics, the Bureau 
of Immigration, the Bureau of Natm-ahzation, and the Chil- 
dren's Bureau. 



72 GOVERNMENT AND THE PEOPLE 

69. Independent Executive Agencies. — In addition to the 
ten executive departments already described, there are a num- 
ber of other independent executive agencies, established by- 
law, for carrying on the work of the government in various 
lines. Some of the most important of these have been created 
within the past ten years, and the rapid multiplication of these 
agencies strikingly indicates the increasing activity of the 
government.* 

The Interstate Commerce Commission was created in 1887 
with five members, since increased to nine with greatly in- 
creased powers. The commission has jurisdiction over all 
common carriers engaged in interstate commerce, such as rail- 
roads, steamboats, and other vessels, express and sleeping car 
companies, also telegraph, telephone, cable, and wireless com- 
panies, pipe-lines for the transportation of oil, bridges, and 
ferries used in interstate commerce, etc. The jurisdiction of 
the commission covers in a large degree the supervision of the 
business of interstate commerce and is constantly being en- 
larged. The commission is wholly independent of the De- 
partment of Commerce. 

The United States Railway Labor Board was created in 1920 
and consists of nine members. This board has jurisdiction to 
hear and adjust disputes between the carriers and their em- 
ployees involving grievances, rules, working conditions, wages, 
etc. 

The Federal Trade Commission, composed of five members, 
was established in 1914. The commission regulates, under 
statutes, persons, partnerships, and corporations engaged in 
interstate and foreign commerce, except banks and common 
carriers, banks being under the control of the Federal Reserve 
Board and the comptroller of the currency, and common car- 
riers under that of the Interstate Commerce Commission. 

* During the World War various temporary war agencies were estab- 
lished, such as the United States Railway Administration, the War Finance 
Corporation, the Alien Property Custodian, the Food Administration, the 
Fuel Administration, etc. These have gone, or are going, out of existence. 



EXECUTIVE DEPARTMENTS AND AGENCIES 73 

Tho Trade Commission enforces the laws against unfair com- 
petition in commerce, and conducts investigations and makes 
reports on domestic and foreign trade conditions. 

The Federal Reserve Board, created in 1913, consists of seven 
members, including the secretary of the treasury and the comp- 
troller of the currency. The function of the board is to exer- 
cise general supervision over the Federal Reserve Banks estab- 
lished under the Federal Reserve Act, and to perform various 
other duties prescribed by the statute. 

The United States Tariff Commission, composed of six mem- 
bers, was established in 1916. Its duty is to investigate and 
report on the fiscal and industrial effects of the customs laws, 
and their relation to the federal revenues, and also to investi- 
gate the tariff relations of the United States with foreign coun- 
tries. 

The Federal Board for Vocational Education was created in 
1917. It consists of the secretaries of agriculture, commerce, 
and labor, the United States commissioner of education, and 
three other members representing, respectively, the manu- 
facturing and commercial interests, the agricultural interests, 
and labor. The statute makes appropriations to be used in 
co-operation with the states in promoting vocational education. 
By the federal Rehabilitation Act of 1919 the Vocational Board 
is also charged with the duty of furnishing vocational rehabili- 
tation to members of the military or naval forces of the United 
States disabled in the World War. Liberal provision is made 
for the thorough education of disabled men for professional, 
industrial, or commercial life. 

The United States Shipping Board, composed of five mem- 
bers, was established in 1916 for the purpose of encouraging, 
developing, and creating a naval auxiliary and reserve and a 
merchant marine. It was created primarily as a war agency. 

70. The Civil Service Commission. — The Civil Service 
Commission was created by the Civil Service Act of January 
16, 1883. It consists of three commissioners appointed by the 
President, by and with the advice and consent of the Senate, 



74 GOVERNMENT AND THE PEOPLE 

not more than two of whom may belong to the same political 
party.* 

The object of the Civil Service Act was to substitute the 
"merit system" of making appointments to the federal civil 
service for the "spoils system." President Washington made 
fitness for the office the test to be applied in making appoint- 
ments, and this policy was continued under his successors until 
about 1830. It is stated that the first six Presidents removed 
altogether only 112 federal officers. Andrew Jackson, the 
seventh President, favored the principle of rotation in office, 
and under him was established the "spoils system," which 
was in force from about 1830 until the adoption of the Civil 
Service Act in 1883, and is still largely in operation. The 
phrase of Senator William L. Marcy, of New York, "to the 
victors belong the spoils," has given the name to the system. 
Immediately upon a change of administration, especially where 
there was also a change of party, wholesale removals from office 
took place, and new appointments were made without refer- 
ence to the personal qualifications of those removed or ap- 
pointed. Appointment to office was the recognized reward for 
political service to the successful candidates or party. This, 
of course, led to inefficiency in the public service, and the abuse 
became so great that finally Congress passed the Civil Service 
Act to correct it. 

The duties of the Civil Service Commission are to aid the 
President in preparing rules for carrying the statute into effect, 
especially by providing for competitive examinations for test- 
ing the fitness of applicants for appointments. The President 
has authority to determine what branches of the service shall 
be under the civil service regulations. In 1883, 16,000 persons 
were brought within the operation of the act. From time to 
time additional branches of the service are brought within the 

* The United States Bureau of Efficiency, established in 1916, though 
an independent agency, is related in its work to the Civil Service Com- 
mission. Its function is to improve the service in the executive depart- 
ments at Washington. 



EXECUTIVE DEPARTMENTS AND AGENCIES 75 

act. President Taft, for example, added fourth-class post- 
masters, of whom there are about 50,000. In 1916, just before 
the United States entered the Great War, there were about 
402,000 persons employed in the civil service of the United 
States, not counting those employed in the outlying dependen- 
cies and possessions. The federal officers and employees in 
the city of Washington numbered about 35,000. Of the total 
number in the United States, about 297,000 held competitive 
positions under the civil service regulations. The presidential 
appointments numbered about 11,000. The World War tem- 
])orarily greatly increased the number of federal civil offices 
and employees. In 1919 the number was about 770,000, of 
whom about 100,000 were in Washington. Persons holding 
positions in the classified civil service are removable only for 
cause. 

71. Miscellaneous Institutions. — Other institutions, boards, 
etc., administered by or composed of federal executive officials 
may be mentioned as further illustrating the activities of the 
federal government, as follows: the Smithsonian Institution; 
the National Museum; the Commission of Fine Arts; the 
United States Geographic Board; the Bureau of American 
Ethnology; the Library of Congress; the Government Print- 
ing Office; and the Pan-American Union. The Copyright 
Office is in the Library of Congress, and is in charge of a regis- 
ter of copyrights.* 

Questions 

1. Name the executive departments, and explain the functions of any 
three of them. 

2. To what departments do the following bureaus, etc., belong: the 
Coast Guard; Bureau of the Census; Children's Bureau; Consular Service; 
Public Health Service; Forest Service; Bureau of Insular Affairs; Reclama- 
tion Service; Weather Bureau; comptroller of the currency; Pension 
Bureau ? 

* Copyrights on books, pictures, music, etc., are granted for a period of 
twenty-eight years, and may be renewed for twenty-eight years more. 
Forms and directions for obtaining copyrights may be obtained from the 
register of copyrights. No lawyer is needed and the charge is nominal. 



76 GOVERNMENT AND THE PEOPLE 

3. What is the Interstate Commerce Commission; the United States 
Railway Labor Board; the Federal Reserve Board? 

4. What is the object of the Civil Service Act? What is the "spoils 
system"? When was it started? To what grades of positions does the 
Civil Service Act apply? Should foreign ambassadors or federal judges 
be appointed under civil service regulations? 



CHAPTER VII 
THE FEDERAL COURTS 

72. The Federal Judicial Power. — The Constitution pro- 
vides that: "The judicial power of the United States shall be 
vested in one Supreme Court, and in such inferior courts as 
the Congress may from time to time ordain and establish. 
The judges, both of the Supreme and inferior courts, shall hold 
their offices during good behavior, and shall, at stated times, 
receive for their services a compensation which shall not be 
diminished during their continuance in office." Congress is 
also given power "to establish tribunals inferior to the Supreme 
Court." 

The federal judicial power, like the legislative and executive 
powers, is limited to certain specific subjects, which are enu- 
merated in the Constitution. It extends to nine distinct 
classes of cases, as set forth in the Constitution as follows: 
"The judicial power shall extend 

[1] to all cases, in law and equity, arising under this Consti- 
tution, the laws of the United States, and treaties 
made, or which shall be made, under their authority; 
[2] to all cases affecting ambassadors, other public ministers 

and consuls; 
[3] to all cases of admiralty and maritime jurisdiction; 
[4] to controversies to which the United States shall be a 

party; 
[5] to controversies between two or more states; 
[6] between a state and citizens of another state; 
[7] between citizens of different states; 
[8] between citizens of the same state claiming lands under 

grants from different states; and 
[9] between a state, or the citizens thereof, and foreign states, 
citizens, or subjects." 
77 



78 GOVERNMENT AND THE PEOPLE 

73. The Federal Judges. — The federal judges are appointed 
by the President, by and with the advice and consent of the 
Senate, and hold office for life (''during good behavior"). 
They may be removed from office only by impeachment pro- 
ceedings, upon conviction of "treason, bribery, or other high 
crimes and misdemeanors." The mode of appointment and 
the dignity of the office have generally resulted in the making 
of good appointments and securing good men willing to serve, 
while the life tenure has given to the country an experienced 
and independent federal bench. On the whole, no feature of 
the federal constitutional system has been so successful as the 
judiciary. 

There are (1921) three gi'ades of federal judges: (1) the dis- 
trict judges, of whom there are ninety-nine; (2) the circuit 
judges, of whom there are thirty-three; and (3) the Chief Jus- 
tice and the eight associate justices of the Supreme Court. A 
member of the Supreme Court is styled ''justice," and a judge 
of an inferior court is "judge." The present salary of a dis- 
trict judge is $7,500; of a circuit judge, $8,500; of a Supreme 
Court justice, $14,500, and of the Chief Justice, $15,000. The 
salaries of the inferior judges are respectable, but the Supreme 
Court justices are not paid in proportion to the dignity of their 
office, and not nearly so much as the English judges of high 
rank. By statute, federal judges of all grades may resign and 
retire on full salary after they have served ten years and 
reached the age of seventy years. They may also retire with- 
out resigning, being subject to be called into occasional service. 
In the case of the permanent disability of a judge who will 
neither resign nor retire, another judge may be appointed to 
perform his duties. 

74. The Independence of the Judiciary. — In any govern- 
ment it is of the utmost importance that the judges shall be 
independent, able, and upright. Upon them devolves the high 
function of interpreting and appl5dng the laws and adminis- 
tering justice between individuals and between the individual 
and the state. But in the United States this importance is 



THE FEDERAL COURTS 79 

greatly increased by the reason of the additional function of 
the courts to act as the guardians of constitutional libert>^ by 
preserving the limitations imposed by the Constitution upon 
the operations of the government. This they do by refusing 
io enforce unconstitutional statutes. But for the exercise 1)>- 
the federal courts of this function, it is hardly possible that th'^ 
complex system of government established by the Constitution 
could have been maintained. 

The ability and character of the federal judges is assured l)y 
the mode of their appointment. Only men of high standing in 
these respects are likely to be nominated by the President and 
confirmed by the Senate. Their independence is secured by 
the provision of the Constitution that: "The judges, both of the 
Supreme and inferior courts, shall hold their offices during good 
behavior, and shall,, at stated times, receive for their services, 
a compensation, which shall not be diminished during their con- 
tinuance in office." The judges are thus assured of permanent 
positions and pecuniary support. 

75. Judicial Districts and Circuits. — For judicial purposes 
Congress has divided the states into judicial districts, each 
state forming at least one district, and the larger states from 
two to four districts. The districts are confined to the bound- 
aries of a single state, no district lying in two states. There 
are about eighty districts in all. There is a district court for 
each district. The states are grouped into nine judicial cir- 
cuits, as follows: 

First Circuit: Rhode Island, Massachusetts, New Hamp- 
shire, Maine, and Porto Rico. 

Second Circuit : Vermont, Connecticut, and New York. 

Third Circuit: Pennsylvania, New Jersey, and Delaware. 

Fourth Circuit : Maryland, Virginia, West Virginia, North 
Carolina, and South Carolina. 

Fifth Circuit : Georgia, Florida, Alabama, Mississippi, Loui- 
siana, and Texas. 

Sixth Circuit : Ohio, Michigan, Kentucky, and Tennessee. 

Seventh Circuit : Indiana, Illinois, and Wisconsin. 



80 GOVERNMENT AND THE PEOPLE 

Eighth Circuit: Nebraska, Minnesota, Iowa, Missouri, Kan- 
sas, Arkansas, Colorado, Wyoming, North Dakota, 
South Dakota, Utah, Arizona, New Mexico, and Okla- 
homa. 

Ninth Circuit : California, Oregon, Nevada, Washington, 
Idaho, Montana, Hawaii, and Alaska. 

76. The Federal Judicial System. — The details as to the 
establishment of the federal judicial system are left by the Con- 
stitution to Congress. The Constitution provides that there 
shall be one Supreme Court, but the number of judges who 
shall compose the court, their salaries, and when they shall 
hold terms of court are fixed by Congress. The Constitution 
defines the ''original" jurisdiction of the Supreme Court, but 
its appellate jurisdiction is regulated by statute. As to the 
inferior federal courts Congress has full control. It may es- 
tablish or abolish such courts, define and change their jurisdic- 
tion, etc., at will. Congress has power also to prescribe the 
rules of procedure in the federal courts, and has done so to 
some extent. The courts, however, especially the Supreme 
Court, are largely permitted by Congress to formulate their own 
rules. At present the federal judicial system consists of five 
courts or classes of courts, as follows: 

Courts of General Jurisdiction — 

The District Courts. 

The Circuit Courts of Appeals. 

The Supreme Court. 
Courts of Special Jurisdiction — 

The Court of Claims. 

The Court of Customs Appeals. 

77. The District Courts. — The district courts are the trial 
courts of the federal judicial system. They have jurisdiction 
of all cases, both civil and criminal, that may be tried in a 
federal court, except a few cases which must be brought in the 
Supreme Court, and cases coming within the jurisdiction of 
the Court of Claims and the Court of Customs Appeals. The 
district courts are courts of original jurisdiction, that is, a case 



THE FEDERAL COURTS 



81 



is begun and tried there in the first instance. Any decision of 
a district court may be reviewed by a higher court, and re- 
versed or affirmed as the Appellate Court may decide. A few 
cases of special importance may be taken directly from the dis- 
trict court to the Supreme Court, but most cases must be 




© Harris & Swing. 
MEMBERS OF THE SUPREME COURT OF THE UNITED STATES. 



taken first to the Circuit Court of Appeals, from which they 
may finally reach the Supreme Court. The district court is 
held by a single judge. 

78. The Circuit Courts of Appeals. — For each of the nine 
circuits there is a Circuit Court of Appeals, with jurisdiction to 
review the decisions of the district courts of that circuit. Any 
decision of the district courts may be taken up on appeal to 
the Circuit Court of Appeals of the circuit in which the district 
court is located, though a few important cases, as already stated, 
may be taken directly to the Supreme Court. The Circuit 



82 GOVERNMENT AND THE PEOPLE 

Courts of Appeals have no original jurisdiction. The main 
function of these courts is to relieve the Supreme Court by dis- 
posing of appeals from the district courts. Otherwise the 
Supreme Court could not handle the enormous amount of ap- 
pellate business that would come to it. Ordinarily the decision 
of the Circuit Court of Appeals will finally dispose of a case 
brought to it from the district court, but provision is made for 
review by the Supreme Court, so that it is possible for any 
case in the Circuit Court of Appeals to reach the Supreme 
Court. The Circuit Court of Appeals consists of three judges, 
of whom two constitute a quorum. To each of the nine cir- 
cuits is allotted a member of the Supreme Court, who occa- 
sionally sits as a member of the Circuit Court of Appeals. 

79. The Supreme Court. — The Supreme Court is the only 
court specifically provided for by the Constitution. It is pro- 
vided that there shall be one Supreme Court, but all the details 
of its organization are left to Congress. For many years the 
court has consisted of the Chief Justice and eight associate 
justices. There is one term of the court annually, which 
commences on the first Monday in October, and such ad- 
journed or special terms as the court may find necessary for 
the despatch of business. The court meets in the Capitol 
building at Washington. 

The Supreme Court has original jurisdiction in two classes 
of cases, as provided by the Constitution; namely, "in all cases 
affecting ambassadors, other public ministers, and consuls, and 
those to which a state maj'' be a party." This means that such 
cases may be begun and finally disposed of in the Supreme 
Court without having first been tried in a lower court. No 
cases affecting ambassadors, etc., have ever been brought in 
the Supreme Court, but there have been many suits between 
states. The appellate jurisdiction of the Supreme Court is de- 
termined entirely by Congress. It includes the review of the 
decisions of the various other federal courts, and of the highest 
courts of the District of Columbia, Alaska, Hawaii, Porto Rico, 
and the Philippine Islands. The Supreme Court may also re- 



THE FEDERAL COURTS 83 

view the decisions of the state courts on questions arising under 
the Constitution of the United States. 

80. The Court of Claims. — A sovereign government may 
be sued only with its own consent, and then only in the courts, 
upon the terras, and in the cases included within the consent 
given. The states of the Union have generally given their 
consent in the state constitutions to suits by private indi- 
viduals against the state in certain state courts, and by conscMit- 
ing to the federal Constitution they have given consent to 
suits against them in the federal courts as provided by the 
Constitution. The United States may sue as plaintiff in either 
the state or the federal courts, but may not be sued in any 
state court. 

Congress has consented to suits against the United States 
only in the Court of Claims, which was established in 1855 to 
entertain such suits. Prior to the establishment of this court, 
claims against the United States could be prosecuted only by 
petition to Congress. The jurisdiction of the Court of Claims, 
as defined by statute, extends only to claims arising out of 
contracts with the federal government. The United States 
has never consented to be sued for the torts or wrongful acts 
of its officers, agents, or employees. Many suits have been 
brought in the Court of Claims on government contracts, or 
for salaries, etc. Congress regularly appropriates money to 
pay the amounts of judgments of the court against the United 
States. The court consists of a chief justice and four other 
judges, and sits at Washington. 

81. The Court of Customs Appeals. — The Court of Customs 
Appeals was established in 1909, and consists of a presiding 
judge and four associate judges. The court sits at Washing- 
ton and at such other places as the court may itself from time 
to time designate. This court has exclusive appellate juris- 
diction to review by appeal final decisions of the boards of gen- 
eral appraisers of merchandise under the customs laws as to 
the construction of the law and the facts respecting the classi- 
fication of merchandise and the rate of duty thereon. The 



84 GOVERNMENT AND THE PEOPLE 

decisions of the Court of Customs Appeals may be reviewed by 
the Supreme Court in certain cases. 

Questions 

1. Name the courts of the federal judicial system. What federal 
courts sit in your state? Name the judges. 

2. Name the chief justice and three associate justices of the Supreme 
Court. How long do the federal judges hold office? 

3. Name three classes of cases which come within the jurisdiction of 
the federal courts. 



II.— THE STATE GOVERNMENTS 

CHAPTER VIII 
THE STATES IN GENERAL 

82. In General, — The position of the states as members of 
the Union is peculiar. To foreigners the states are mere sub- 
divisions of the United States, about as counties are subdi- 
visions of a state. But this is not their true position under the 
Constitution. As to all matters not intrusted to the federal 
government, the states are sovereign, except that they may not 
withdraw from the Union. The people of the United States 
form a single nation, and could reduce the states to a position 
of subordination to the general government by adopting a 
constitution so providing, but this would be a revolutionary 
change in our form of government. Under the Constitution as 
it is, the government of a state is as sovereign and supreme 
within its own sphere as is the government of the United States 
within its sphere. In matters within federal jurisdiction, the 
Constitution, laws, and treaties of the United States are the 
supreme law of the land, but in all other matters the law of 
the state is supreme within its borders. The state government 
gets no authority whatever from the United States, and is not 
subject to the control of the federal government as to anything 
within the authority of the state. 

All the state governments are organized on the same general 
plan, which is the same as that of the federal government. 
There is a written constitution, and the powers of government 
are distributed between the legislative, the executive, and the 
judiciary departments. There are, however, many variations 
in details, and changes are constantly being made. Upon the 
whole, state governments have perhaps not been so successful 
as the federal government, but the subject of state government 

85 



86 GOVERNMENT AND THE PEOPLE 

is receiving much attention, and improvement is to be expected. 
Experiments in government are being made in the various 
states which may lead to good results. One of the advantages 
of the system of separate independent states is that it affords 
an opportunity to make such experiments in a single state on a 
large enough scale to prove or disprove the value of the device 
being tried, without finally committing the whole country to 
its adoption. 

If the experimental plan in government does not work well, 
the people of the state may reject it and try something else, or 
go back to their former plan. But it is different with the United 
States as a whole. Changing the federal Constitution is too 
difficult to justify the adoption of unproven devices for the 
country at large. It is too hard to correct mistakes. It would 
be unwise, for example, to adopt the initiative or the referendum 
for the federal system while their usefulness has not yet been 
proved by the experience of the states. The separate states 
constitute, so to speak, political laboratories in which theories 
of government may be tested. The United States and each 
state may profit by studying the experience of states in which 
new governmental schemes are being tried, but need not be in 
a hurry to adopt any of them while the experiment is still 
going on. 

83. Political Self-Sufficiency of the States. — The several 
states are each politically self-sufficient. A state could exist 
and its government could function although neither the United 
States nor any other state existed. Thirteen of them existed 
in fact as potentially independent states before the establish- 
ment on a firm constitutional basis of the government of the 
United States, and each of the states since admitted into the 
Union stands on an equal footing politically with the original 
states. The federal Constitution might be abolished, and the 
government of the United States thus cease to exist, but this 
would not in the slightest degree impair the government or 
political existence of the states. 

The only effect of the abolishment of the Constitution would 



THE STATES IN GENERAL 87 

be to restore to the states the powers now taken from them by 
that instrument, and thus make them completely sovereign. 
A condition would then arise in North America similar to that 
existing in South America; instead of the middle portion of the 
continent being occupied by one people, its inhabitants would 
constitute a number of separate nations, peoples of the sov- 
ereign states of New York, New Jersey, Ohio, etc., some of 
which are superior in population or resources to many foreign 
countries. Substantially this condition existed upon the fall of 
the Confederate Government in 1865 and before the re-estab- 
lishment of the civil government of the United States in the 
late seceding states. The overthrow of the Confederate Gov- 
ernment did not result in anarchy or confusion in the states 
composing the Confederacy, but orderly civic life went on un- 
der the several state governments, which did not cease to func- 
tion when the Confederacy fell. 

84. Dependence of the Federal Government Upon the 
States. — The United States Government, although fully 
equipped with legislative, executive, and judicial departments, 
is not complete in itself. It has only the few powers conferred 
upon it in the Constitution, and if the state governments were 
suddenly abolished, the country would be plunged into an- 
archy, or become subject to military government by the forces 
of the United States. Congi-ess would have no power to fill 
the gap caused by the disappearance of state authority and 
law. But this is not all. The people of the states choose the 
President and the members of Congress, and all other federal 
officers are appointed by or under the authority of the Presi- 
dent and Congress. If all the states should omit to hold elec- 
tions for presidential electors and congressmen, there would be 
no federal government. The states elect their own legislatures 
and governors, but the United States does not. The federal 
government is dependent for its existence upon the continued 
existence of the states. If the states should for any reason 
cease to function, the government of the United States would 
automatically expire. As Chief Justice Chase declared, "The 



88 GOVERNMENT AND THE PEOPLE 

states disunited might continue to exist. Without the states 
in the Union, there could be no such poHtical body as the 
United States"; and, again: "The Constitution, in all its pro- 
visions, looks to an indestructible Union, composed of indestruc- 
tible states." 

85. Political Equality of the States. — Under the federal 
Constitution all the states are politically equal, and in this re- 
spect there is no distinction between the original states, which 
established the federal government, and the states which Con- 
gress has since admitted into the Union. In political power, 
dignity, and sovereignty all stand upon an equal footing. Nor 
can Congress in admitting new states impose valid conditions 
upon them which would prevent this equality. The equality of 
the states in the Senate is secured by the provision that ''no 
state, without its consent, shall be deprived of its equal suf- 
frage in the Senate." As no state could be expected to give 
such consent, this is the one unamendable provision of the 
Constitution. 

86. The Reserved Powers of the States.— The Tenth 
Amendment to the Constitution provides that: "The powers 
not delegated to the United States by the Constitution, nor 
prohibited by it to the states, are reserved to the states, re- 
spectively, or to the people." This means that the states have 
all the usual powers of sovereign nations except those which 
have been exclusively granted to the United States or pro- 
hibited to the states. The reserved powers of the states com- 
prise most of those which affect the citizen most closely in his 
daily life. 

In the distribution of powers between the federal and state 
governments a far larger share has fallen to the states than to 
the United States. Only a few powers have been granted to the 
federal government, and still fewer have been prohibited to the 
states. The powers of the states are far more extensive and 
complete than those of the United States. This is as it should 
be. The government of a state is almost wholly under the con- 
trol of the people of the state, while their control over the fed- 



THE STATES IN GENERAL 89 

oral government is shared with the citizens of other states. 
It is right, therefore, that matters which concern the citizens 
of the state most vitally and exclusively should be subject to 
the jurisdiction of the state government rather than that of the 
nation. 

87. Federal Guaranties to the States — Republican Form of 
Government. — The Constitution provides that: ''The United 
States shall guarantee to every state in the Union a republican 
form of government, and shall protect each of them against 
invasion; and on application of the legislature, or of the execu- 
tive (when the legislature cannot be convened), against domestic 
violence." 

If the Union was to be real and lasting, it was essential that 
all the states should have the same general kind of government; 
a union of republics and monarchies, for example, could scarcely 
be successful. There was unanimous agreement that the gen- 
eral government should be republican in form, and all the states 
had this form of government when the Constitution was adopted. 
Thei-e was a possibility, however, that some other form of gov- 
ernment might be established in individual states, either through 
revolution or through foreign interference. This might not only 
destroy the liberty of the people of the state, but would neces- 
sarily weaken the Union, Very properly, therefore, the power 
and duty of preserving republican government in the states is 
granted to and imposed upon the United States. In all other 
respects the people of the several states are left free to organize 
their own governments as they see fit, and to change them at 
pleasure. 

There has been some difference of opinion as to precisely what 
constitutes a republican form of government in the constitu- 
tional sense, but the main idea seems to be that it is a govern- 
ment deriving all its powers directly or indirectly from the peo- 
ple, and administered by officers chosen by the people for lim- 
ited terms. It is opposed to a monarchy or aristocracy, or any 
other form of government in which the people are not sover- 
eign. The form of government existing in the states when 



90 GOVERNMENT AND THE PEOPLE 

the Constitution was adopted was accepted by the constitu- 
tional convention as repubhcan, and this form, without sub- 
stantial change, is still preserved. The suffrage has been greatly 
extended, and some of the states are experimenting with the 
initiative and referendum, but in so far as these innovations are 
effective to bring the government more completely into the con- 
trol of the whole body of the people, they perhaps render it 
more rather than less republican in form. Direct legislation 
makes the government less a representative government, but 
theoretically the representative principle is probably not neces- 
sary in a republican form of government. However, govern- 
ment through representatives seems to be the only form of gov- 
ernment by the people that will work in practice. 

88. Protection Against Invasion and Domestic Violence. — 
The states are forbidden, without the consent of Congress, to 
keep troops or ships of war in time of peace, or to engage in 
war, unless actually invaded, or in such imminent danger as 
will not admit of delay. In these circumstances the provision 
that the United States shall protect each of the states against 
invasion is both reasonable and necessary. Moreover, in pro- 
tecting a state against invasion by a foreign power the United 
States would be protecting itself. In affording this protection 
the war powers of the United States would be employed, and 
no previous application by the state is necessary. 

Protection against domestic violence stands on a different 
footing. The guaranty neither empowers nor requires the fed- 
eral government, of its own motion, to maintain order in the 
states. Only upon application of the state legislature, or of the 
governor, when the legislature cannot be convened, has the 
federal government the right to use its power to suppress do- 
mestic violence in the states, unless the authority of the federal 
government is in some way interfered with. Federal troops 
have frequently been sent at the request of the state to suppress 
violence, especially in connection with disturbances growing 
out of labor troubles. Of course the federal government may 
use troops in any state without application from the state to 



THE STATES IX GEXERAL 91 

maintain the authority of the federal government. Thus in 
1894 Pi-esident Cleveland sent United States troops to Chicago, 
over the protest of the governor of Illinois, to prevent a mob of 
strikers from interfering with the running of trains carrying the 
mails or engaged in interstate commerce. A hundred years 
before (1794) President Washington sent a force of 15,000 men 
into western Pennsylvania to suppress the revolt against the 
execution of the federal internal revenue law known as the 
"Whiskey Rebellion." 

The fact that the protection of life and property within a 
state is a function of the state government and not of the 
United States has led to embarrassment where the victims of 
mob violence have been citizens of foreign countries. The 
states having no relations with foreign powers, it is the duty of 
the federal government, especially when made the subject of 
treaty, to protect foreigners in this country, or at least it is to 
the federal government that foreign governments must look 
for the performance of this duty and 'for restitution for in- 
juries. On several occasions troubles of this sort have been the 
subject of diplomatic correspondence. One of the best-known 
cases is the lynching of several Italians by a mob in New Or- 
leans in 1891 on account of the murder of the chief of police of 
the city by members of a secret Italian organization known as 
the Mafia. The Italian Government demanded redress, but 
Mr. Blaine, then secretary of state, declared that the United 
States had no jurisdiction of the matter. As the ItaUan Gov- 
ernment could not deal with the state government, there was 
no redress possible. In displeasure, Italy for a time withdrew 
her minister from Washington. The United States Govern- 
ment, while disclaiming all liability, finally, as an act of grace, 
paid a money indemnity to the families of the murdered Ital- 
ians. There have been other similar instances, and this con- 
dition of things is plainly unsatisfactory. It could be remedied 
by an act of Congress making offenses against the treaty rights 
of foreigners cognizable in the federal courts. Such an act would 
undoubtedly be constitutional. 



92 GOVERNMENT AND THE PEOPLE 

89. Interstate Relations. — During the short interval be- 
tween the Declaration of Independence (1776) and the adoption 
of the Articles of Confederation (1781) the states sustained 
toward each other substantially the relation of independent 
sovereign nations. They were united only in an informal 
league or alliance, almost the sole function of which was to 
carry on the war with Great Britain. Under the Articles of 
Confederation their union was still only a "firm league of 
friendship," each state retaining ''its sovereignty, freedom, and 
independence, and every power, jurisdiction, and right, which 
is not by this confederation expressly delegated to the United 
States in Congress assembled." 

Under the Constitution the states are scarcely less inde- 
pendent of each other. For most purposes they stand toward 
each other in the relation of foreign states. The state govern- 
ments are absolutely independent of each other, and also of the 
federal government, except in matters of federal authority. 
The public officers of one state have no authority whatever in 
other states. The Constitution, however, contains several pro- 
visions affecting the relations of the state. Besides an obsolete 
provision for the return of fugitive slaves, and a provision re- 
specting the privileges and immunities of citizens, which will be 
discussed later, there are three important provisions which will 
be now explained. 

90. The Full Faith and Credit Clause.— It is provided that: 
" Full faith and credit shall be given in each state to the public 
acts, records, and judicial proceedings of every other state. 
And the Congress may by general laws prescribe the manner in 
which such acts, records, and judicial proceedings shall be 
proved, and the effect thereof." The public acts referred to 
are the acts of the state legislatures, the records are the regis- 
tration of deeds, wills, etc., legislative journals, etc., and the 
judicial proceedings are the decrees, judgments, or orders of 
courts. Congress has prescribed the manner in which these 
shall be authenticated. 

The state courts are quite often called upon to enforce the 



THE STATES IN GENERAL 93 

statutes of other states in controversies over contracts or prop- 
erty, and in such suits the statutes are usually ascertained from 
printed statute-books published by authority of the state under 
its seal, though this is not the exclusive mode of proof. It may 
also become necessary to enforce the judgment of a court of 
another state. Under the "full faith and credit clause" the 
judgment of a court of any state must be given the same effect 
in every other state as it has in the state in which it was ren- 
dered. Thus a valid decree of divorce granted in one state must 
be recognized by the courts of every other state. But a foreign 
judgment (i. e., judgment of a court of another state) is entitled 
to only the credit that it would be entitled to in the state where 
rendered, and if not valid there, will not be valid anywhere 
else. Thus a judgment rendered by a court having no juris- 
diction of the cause is of no force anywhere. A familiar case is 
that of a divorce decree obtained in a state of which the plain- 
tiff was not a bona-fide resident. Such a decree is legally void, 
though many such decrees are obtained and usually no one 
questions their validity. But a person who marries some one 
else upon the strength of such a divorce is guilty of bigamy and 
could be punished therefor. Unfortunately society tolerates 
what the laiv forbids. 

91. Extradition. — Interstate extradition is the delivery by 
one state to another of fugitives from justice. Since the crim- 
inal laws of a state and the authority of its officers are effec- 
tive only within the state, a person who has committed a crime 
in one state could escape punishment by withdrawing to an- 
other state unless some provision were made to secure his re- 
turn to the state in which the crime was committed. Accord- 
ingly the Constitution provides that: "A person charged in any 
state with treason, felony, or other crime, who shall flee from 
justice, and be found in another state, shall, on demand of the 
executive authority of the state from which he has fled, be de- 
livered up to be removed to the state having jurisdiction of the 
crime." This provision is not self-executing, and acts of Con- 
gress and of state legislatures provide for carrying it into effect. 



94 GOVERNMENT AND THE PEOPLE 

Under this provision a person who has committed a crime in 
one state and goes to another state may be arrested where he is 
found, and upon the requisition of the governor of the state in 
which the crime was committed it is the duty of the governor 
of the asylum state to surrender the fugitive to the authorities 
of the state from which he has fled. There is, however, no way 
of enforcing the performance of this duty, and in a number of 
instances governors have refused to surrender fugitives from 
justice to other states. A noted instance was the refusal of the 
governor of Indiana to deliver to the Kentucky authorities 
ex-Governor Taylor of Kentucky, who was charged with com- 
plicity in the murder of Governor Goebel, the refusal being 
on account of the belief that Taylor would not receive a fair 
trial. 

International extradition is provided for by treaties between 
the United States and most of the other civilized powers. 

92. Agreements or Compacts Between States. — The states 
are absolutely forbidden by the Constitution from entering into 
"any treaty, alliance, or confederation," that is, with a foreign 
power, and it is also provided that: "No state shall, without 
the consent of Congress, . . . enter into any agreement or com- 
pact with another state, or with a foreign power." The pur- 
pose of this prohibition seems to have been mainly to prevent 
agreements between states which might tend to increase the 
power of particular states or groups of states to the possible 
detriment of other states or of the Union. An important class 
of contracts between states coming within this provision are 
contracts relating to boundaries between states. All contracts 
by a state are made by its legislature or by duly authorized of- 
ficers or agents of the state. 

93. State Constitutions — In General. — The governments of 
the thirteen original states are older than that of the United 
States. Even before the Declaration of Independence on 
July 4, 1776, four of the states had adopted constitutions, and 
before the Articles of Confederation were ratified (1781) all of 
them had done so. It was almost nine years after the adoption 



THE STATES IN GENERAL 95 

of the last of the first state constitutions that the present gov- 
ernment of the United States went into effect (1789). Rhode 
Island and Connecticut continued to use their colonial charters 
until 1842 and 1818, respectively, substituting the authority of 
the people for that of the king. 

These early constitutions were all adopted by revolutionary 
conventions or congresses without submission to the people, ex- 
cept that of Massachusetts, which was framed by a convention 
chosen for that purpose and ratified by vote of the people. 
Some of these hastily formed constitutions proved defective 
and were soon amended or superseded by other constitutions. 
Several of them, however, stood the test of experience. The 
Virginia constitution of 1776 remained in force until 1830, that 
of North Carolina until 1834, and that of New Jersey until 1844. 
Since the Civil War all the new state constitutions except that 
of Virginia (1902) have been ratified by popular vote. 

94. Contents of State Constitutions. — The early state con- 
stitutions were short, and, like the federal Constitution, dealt 
only with general principles. The most carefully matured of 
these constitutions, that of Massachusetts, contained only two 
parts, a bill of rights and the political framework of the state 
government. There were no directions to or limitations upon 
the legislature, it being provided only that the legislature 
should enact "all manner of wholesome and reasonable laws as 
the}' may judge for the benefit and welfare of this state." In 
enacting laws the legislature was restrained only by the bill of 
rights. Some of the first constitutions did not contain even a 
bill of rights. Modern state constitutions are voluminous 
documents. Subject to considerable variation in the several 
states, the principal usual features or parts of a state constitu- 
tion are as follows: 

(1) Preamble. This corresponds to the preamble of the fed- 
eral Constitution, and states the reasons or purpose of the peo- 
ple of the state in adopting the constitution, together with the 
enacting or ordaining clause. 



96 GOVERNMENT AND THE PEOPLE 

(2) Bill or Declaration of Rights. This corresponds to the 
similar provisions of the federal Constitution. The number of 
provisions varies from fifteen in Louisiana to forty-five in Mary- 
land. The most famous of these bills is that written by George 
Mason of Virginia, and adopted by the Virginia convention on 
June 12, 1776. Jefferson had it before him when he drafted the 
Declaration of Independence, and it has served as the model 
for similar bills of other states, and also for the first eight amend- 
ments to the federal Constitution. Among other things it de- 
clares: "That no free government, or the blessing of liberty, 
can be preserved to any people, but by a firm adherence to jus- 
tice, moderation, temperance, frugality, and virtue, and by fre- 
quent recurrence to fundamental principles." 

(3) Organization of the State Government. Most of the state 
constitutions provide expressly for the separation of the legis- 
lative, executive, and judicial powers, but this provision is un- 
necessary, for all of the constitutions make this separation by 
providing for the three branches of the government. The 
usual order, as in the federal Constitution, is legislature, execu- 
tive, and judiciary, but in several states the executive is placed 
first. This part of the constitution distributes the legislative, 
executive, and judicial powers among the several departments 
of the government. Besides the three main branches, modern 
constitutions frequently provide for various boards and com- 
missions. 

(4) Suffrage and Elections. The right of suffrage is regulated 
wholly by the state, as to both state and national elections, ex- 
cept that, under the Fifteenth and Nineteenth Amendments, the 
right may not be denied on account of race and sex. Elections 
also are uiider state control, except for the limited control of 
national elections by Congress. 

(5) Restrictions on the Legislature. Besides the general re- 
strictions contained in the bill of rights, numerous specific re- 
strictions are placed upon the legislature. The mode of enact- 
ing laws is prescribed in detail, and certain kinds of legislation 
are forbidden. 



THE STATES IN GENERAL 97 

(6) Miscellaneous. Common provisions provide or re(juire 
tiie l(^si^^l''^^'^iic to provide for the regulation of the mihtia, taxa- 
tion, and finance, education, municipal corporations, private 
corporations, the pul)lic health, labor, railroads and other pul)]ic 
service agencies, banking, etc. Many of these provisions are 
ordinary legislation, and have no proper place in a constitution. 

(7) Amendment and Revision. All the constitutions provide 
a mode of adopting amendments, and in most of them pro- 
vision is made for a general revision of the constitution by a 
convention called for that purpose. 

(8) Schedule. This is a sort of appendix to the constitution 
containing temporary provisions to cover the period of transi- 
tion from the old to the new constitution, or for putting the 
new constitution into effect. 

Most of the state constitutions conform more or less closely 
to the general outline given above. Nearlj^ half of the con- 
stitutions contain also an article defining the geographical 
l)oundaries of the state, this being inserted in accordance with 
the enabling act providing for the admission of the state. This 
article is not found in the constitutions of the older states. 
Some of the constitutions depart somewhat radically from the 
normal type, for example, the constitution of Oklahoma. The 
adoption of the initiative and referendum is perhaps the most 
radical of recent innovations in state constitutions. Some of 
the modern additions are the legitimate outgrowth of the vast 
development of social, economic, and industrial life since the 
first constitutions were adopted. So much of the new matter, 
however, as is merely statutory in character has been inserted 
largely through distrust of the legislature, as is true also of 
many of the restrictions upon the legislative power. Properly, 
no such matter belongs in a,, constitution. The growth of state 
constitutions may be shown by a few figures. The Virginia 
constitution of 1776 contained about 3,200 words, while that of 
1902 contains 35,000 words, including a 6,000-word article on 
corporations. The New Hampshire constitution of 1776, ex- 



98 GOVERNMENT AND THE PEOPLE 

eluding the preamble, contained 600 words, the Louisiana con- 
stitution of 1898 contains 45,000, and the Oklahoma constitu- 
tion of 1907 about 50,000. 

95. Amendment and Revision of State Constitutions. — 
Several of the original constitutions contained no provision for 
amendments, but the necessity of the case soon led to the exer- 
cise by the people of their inherent right to change their form 
of government, and amendments or revisions of the state con- 
stitutions were made in numerous instances. All the present 
state constitutions provide for their own amendment or re- 
vision. The process of amendment varies in details in the 
several states. In general, amendments are proposed by the 
legislatures and ratified by vote of the people.* Usually amend- 
ments may be proposed in either house of the legislature, and 
may be adopted by a majority, by three-fifths, or by two-thirds 
vote as the state constitution may provide. In a few states 
an amendment must be passed by two successive legislatures 
before being submitted to the people. The popular vote req- 
uisite for adoption varies, being either a majority, three-fifths, 
or two-thirds. Special restrictions are sometimes imposed, as 
that not more than a certain number of amendments may be 
submitted at one time, or that if two or, more are submitted at 
one time, the electors shall be permitted to vote on each one 
separately. 

* In 1920 constitutional amendments relating to the financing of public 
roads and schools were submitted to the people of Virginia. A very ac- 
tive campaign to secure their adoption was conducted by those interested, 
there being no organized opposition. No attempt was made to show the 
necessity for the amendments, nor was it practicable for the average 
voter to learn even the text of the amendments or the nature of the proposed 
changes. The appeal was based almost entirely upon the desirability of 
good roads and schools. The author wrote a letter to an influential paper 
asking, on behalf of the public, for some information that might enable 
the people to vote intelligently. No atteigipt was made to supply this, and 
one of the leading advocates of the roads amendment afterward told the 
writer that he had seen the letter, but he and his associates had deliber- 
ately refrained from replying because they did not wish to get into any 
discussion with voters capable of thinking for themselves. He stated 
frankly that they were relying upon the ignorance and apathy of the elec- 
torate. All the amendments were adopted by a large majority. 



THE STATES IN GENERAL 99 

In most of the states provision is made for a general revision 
of the constitution by a convention called for that purpose, and 
in some states it is provided that the question of holding such 
a convention shall be submitted to the people periodically, as 
at intervals of every ten or twenty years.* 



Questions 

1. Is your state a sovereign state? What would become of the United 
States Government if all the state governments were abolished and noth- 
ing put in their place? What would become of the government of yoiu- 
state if the United States Government and Constitution were abolished? 

2. Could Congress admit Porto Rico as a state of the Union? When 
Congress admitted Oklahoma as a state it was stipulated that the location 
of the state capital should not be changed before a certain date some 
years later. Before that time the people of the state wished to change the 
capital to another city. Did they have the right to make the change? 

3. In a general way what powers belong to the states under the fed- 
eral Constitution? Which has the larger share of powers, the United 
States or the state? 

4. If a majority of the people of your state wished to set up a mon- 
archical form of government, would the minority have to submit? 

5. If a riot occurs in your state may the President of the United States 
send federal troops to suppress the disorder? 

6. If a man commits murder in Kansas and flees to Colorado, may he 
be tried and pimished in Colorado for the murder? May the Kansas au- 

*In 1915 a convention of 169 members met at Albany to revise the 
constitution of New York state. It met from April 6 to September 10, 
or somewhat longer than the constitutional convention of 1787. Mr. 
Elihu Root, perhaps the ablest statesman in the country, served as pre- 
siding officer and took a leading part in the debates. The tremendous 
development of the state since the adoption of the existing constitution 
(1894) had rendered that instrument unsatisfactory. Serious evils had 
crept into the government, which the convention sought to remedy by 
constitutional revision. It may be doubted whether an abler and more 
painstaking state convention has ever assembled in this country. Thirty- 
three important amendments were adopted by surprising non-partisan 
majorities. Twelve were adopted unanimously, twelve by a vote of more 
than ten to one, and only three by so low a vote as two to one. The con- 
stitution thus revised, in the words of Mr. Root, was "fitted by patience, 
experience, knowledge and effort to the actual conditions of" the people 
of the state. It was rejected at the polls. 



100 GOVERNMENT AND THE PEOPLE 

thorities go to Colorado and arrest him and bring him back to Kansas 
for trial? 

7. Did the states have written constitutions before the adoption of 
the federal Constitution ? Were the early state constitutions adopted by 
the vote of the people? How about recent constitutions in this respect? 

8. State the principal parts of a state constitution. 



CHAPTER IX 
THE STATE LEGISLATURES 

96. Structure of State Legislatures. — In each of the states 
there is a legislature consisting of two houses. In some states 
this body is known as the General Assembly, in others as the 
Legislature, in three as the Legislative Assembly, and in two, 
New Hampshire and Massachusetts, as the General Court. In 
all of the states the smaller or upper house is known as the 
Senate, and in most states the lower house is called the House 
of Representatives, and in a few states the Assembly, or the 
House of Delegates, and in one state (New Jersey) the Gen- 
eral Assembly. In structure, particulars of organization, pro- 
cedure, etc., the state legislatures are much like Congress. | 

97. Membership and Organization. — The members of both 
houses of the state legislatures are elected by popular vote, 
their qualifications being prescribed by the state constitutions. 
In more than half the states the senators are elected for a term 
of four years, or two sessions of the legislature, while mem- 
bers of the lower house are usually elected for two years. There 
are usually about one-third as many senators as representa- 
tives. The total membership of the" legislatures ranges from 
about 50 in Delaware to about 425 in New Hampshire. Mem- 
bers of the legislature are elected from election districts as fixed 
by the state apportionment acts. Members are paid either 
by the day or on a salary basis. They enjoy privileges and 
immunities similar to those enjoyed by members of Congress. 
The organization of the legislatures is similar to that of Con- 
gress. In some states the lieutenant-governor presides over 
the Senate, but otherwise each house selects its own officers, 
and makes its own rules, determines the qualifications of its 
own members, etc. 

101 



102 



GOVERNMENT AND THE PEOPLE 



98. Sessions of the Legislatures. — The legislature meets 
annually in Georgia, Massachusetts, New Jersey, New York, 
Rhode Island, and South Carolina; every four years in Ala- 
bama ; and biennially in all the other states. In a number of 
the states no limit is fixed to the length of the sessions, but in 




© Ewing Galloway. 

A STATE LEGISLATURE IN JOINT SESSION. 



most states sessions are limited by the state constitutions to 
periods ranging from forty to ninetj^ days. Extra sessions 
may be called by the governor. 

99. The Enactment of Laws. — Statutes are passed by state 
legislatures in much the same way as by Congress. As a rule, 
bills may originate in either house, but in a number of states 
all bills for raising revenue must originate in the lower house. 
The state constitutions contain a number of specific directions 
not found in the federal Constitution. Common example:: 



THE STATE LEGISLATl-RES 103 

are that no law shall relate to more than one subject, which 
shall be clearly expressed in its title; every bill must be read 
on three different days in each house; and that bills shall be 
printed. The usual rule is that a bill in order to become a law 
must receive a majority of each house, but in some states a 
majority of members present is sufficient. The names of mem- 
bers voting for or against a bill on its final passage must usually 
be entered on the journal. 

In all the states but Rhode Island and North Carolina, a 
bill, before becoming a law, must be approved by the governor, 
who has a veto power similar to that of the President. In the 
absence of a provision to the contrary, a statute goes into effect 
immediately upon its passage, but in a number of states it is 
provided that laws shall go into effect a certain number of days 
after passage or after the end of the session of the legislature. 
In some of these states, in case of "emergency," the legislature 
may provide that the law shall take effect immediately. The 
foregoing are merely illustrative requirements; the variations 
and specific provisions in the several constitutions are too nu- 
merous to justify any attempt to set them forth more fully. 

100. Drafting Statutes — Legislative Reference Depart- 
ments. — It is a hard thing to draft a good statute. One should 
know not only exactly what he wishes to accomplish by the 
statute, but also how to word the statute so as to accomplish 
this. Law and the principles of statutor}^ interpretation are 
highly technical subjects, and a person not a legal expert who 
attempts to draft a new law may easily not only fail to accom- 
plish what he was after, but also do unintended harm by reason 
of his ignorance and inexperience. Before one undertakes to 
draft a law he should be familiar with the existing condition 
of the law in his own state, and also with the experience, if any, 
of other states with legislation similar to that which he has 
in mind. Unless he is acquainted with the existing laws of 
his own state, he may, without knowing it, get a law passed 
similar to or in conflict with one already in force, and thus con- 
fuse the law. Also, much statute law is adopted by every state 



104 GOVERNMENT AND THE PEOPLE 

from other states, and before a legislator should propose the 
adoption of a statute of a sister state, he ought to inform him- 
self as to how the statute has worked in that state. 

Again, the legislator should know something of constitu- 
tional law, or he may see his statute declared void by the court 
on account of some constitutional defect which could easily 
have been avoided. Further, he ought to understand the prin- 
ciples of English composition, or he may be unable to draft a 
statute so as to express his meaning. Many statutes have 
been marred by almost unbelievable grammatical blunders. 
But notwithstanding the technical difficulties of law-making, 
the important work of legislation is intrusted to a body of men 
most of whom lack the knowledge and technical training req- 
uisite to enable them to do it well. It is no wonder that much 
of modern legislation is of poor quality. 

To meet this situation many of the states have established 
legislative reference bureaus or departments to assist the legis- 
lature in drafting laws. These agencies collect and keep on 
file for the use of the legislature, books of statutes, reports of 
court decisions, newspaper and magazine articles, reference 
books, government reports, and such other material as may 
be of interest, and, under the direction of an expert, assist mem- 
bers of the legislature in the actual drafting of proposed laws. 
By this means the legislature is enabled to decide intelligently 
whether a law on any given subject is advisable, and, if so, 
how it should be drawn. 

101. Lobbying. — A lobbyist is a person, not a member of 
the legislature, who frequents the lobby or committee -rooms 
of the legislative hall for the purpose of influencing members 
of the legislature to vote for or against a particular measure 
that may come before them. Congress and the state legis- 
latures, and municipal councils, are beset by such persons act- 
ing either for themselves, or in the interest of their clients or 
of some particular cause or project. A lobbyist may act in 
a purely disinterested capacity, but many lobbyists are pro- 
fessionals, seeking, for a compensation and not always by honest 



THE STATE LEGISLATURES 105 

means, to influence legislation in favor of their clients. Such 
lobbyists are employed by individuals, corporations, and or- 
jianizations. Thus at Washington have been found pension 
lol)byists, tariff lobl)yists, public-l)uilding lobbyists, suffrage 
and prohibition lobbyists, i-ailroad lobbyists, and innumerable 
others. The Anti-Saloon League and the liquor interests kept 
their paid lobbyists at the meeting-places of the national and 
state legislatures whenever prohibition legislation was pend- 
ing. 

The opportunity for the lobbyist grows largely out of the 
fact that all bills introduced are usually referred to a com- 
mittee, and it is easy for the lobbyist to obtain a hearing, 
usuall}' secret, before the committee. The activities of the 
lobbyist extend, however, to the legislators as individuals, and 
by personal solicitation, social attentions, influence of one kind 
and another, and even by bribery, the legislator is beset to 
advocate or oppose particular bills. Sometimes a lobbyist is 
given the privilege of the floor and allowed to address the leg- 
islators as a body. Many of the most successful lobbyists are 
women. Lobbying is not necessarily an evil, and may work 
to the public advantage. An honest and patriotic lobby may 
secure the passage of valuable legislation or prevent legislation 
against the public interest, and the informed lobbyist may be 
of great service to the legislature. On the other hand, a lobby 
may be and often is a menace to the public welfare. Members 
of the legislature profess to try and usually do try to serve the 
interests and carry out the wishes of their constituents, but 
without organization the will of their constituents can be neither 
developed nor made known. A ])ill, however meritorious, does 
not push itself through the legislature. There must be some 
interested parties behind it either in the legislature or outside. 
The lobbyist is generally the agent of an organization, which 
may represent only a small part of the community, and this 
fact and the secrecy with which lobbying is done, and the ques- 
tionable practices of many lobbyists, have brought lobbying 
into reproach. 



106 GOVERNMENT AND THE PEOPLE 

Statutes have been passed by both Congress and some of the 
state legislatm-es to put an end to some of the evils of lobby- 
ing. Bribery seems largely to have ceased, either because of 
the severe penalties prescribed or because of the improvement 
in public and private morals. In some states lobbyists are re- 
quired to register and other means are taken to secure publicity. 
By the constitutions of California and Georgia lobbying by cor- 
rupt methods is made a felony. 

102. Constitutional Restrictions Upon State Legislatures. — 
The early constitutions contained few restrictions upon the 
power of the state legislatures. Usually there was a bill of 
rights in the state constitution and there were several prohi- 
bitions in the federal Constitution, but with these exceptions 
the power of the state legislature was practically unlimited. 
The earl}^ legislatures were given a free hand, and, being made 
up largely of the best men in the state, they did good work. 
The present constitutions place many restrictions upon the 
legislature, the adoption of which expresses a great lack of 
public confidence in the capacity, wisdom, and honesty of the 
legislature. These restrictions are as follows: 

1. Besides the prohibitions contained in the bill of rights, 
the legislature is expressly forbidden to pass certain kinds of 
laws or to do certain things. Among many such restrictions 
may be mentioned the prohibition of the incorporation of 
churches, or lending the state's credit, or appropriating money 
to sectarian institutions, or creating a state debt beyond a 
certain amount, etc. An important common restriction is the 
prohibition as to certain subjects of special legislation for the 
benefit of particular individuals or localities. This prevents not 
only favoritism and the granting of special privileges but also 
the obstruction of general legislation by the mass of private 
and local bills. This is a helpful prohibition, as, indeed, are 
some of the others. 

2. The withdrawal of power from the legislature by incor- 
porating into the constitution itself many provisions of a legis- 
lative character relating to important subjects, such as munic- 



THE STATE LEGISLATURES 107 

ipal and private corporations, railroads and transportation, 
banking, public utilities, labor, education, etc. Such provi- 
sions do not properly belong in constitutions, but are now com- 
monly found therein. Constitutional conventions are com- 
posed of abler and more experienced men than the legislatures, 
and work under more favorable conditions, and the people seem 
to prefer that the more important laws should be made by the 
convention than by the legislature. 

3. The further withdrawal of power from the legislature by 
the establishment of commissions, such as railroad or corpora- 
tions commissions to deal with matters which would nor- 
mally fall within the jurisdiction of the legislature. This is in 
fact an aid to the legislature, for it relieves it of much adminis- 
trative work, and thus leaves more time for law-making. 

4. The still further withdrawal of power from the legisla- 
ture in some states by the adoption of the initiative and the 
referendum by which the people largely take legislative power 
into their own hands. The popular distrust of the legislature 
is in nothing more clearly shown than in the resort by the peo- 
ple to direct law-making. 

5. The limitation of the length of the sessions of the legis- 
lature to periods ranging from forty to ninety days, and the 
change in some states from annual to biennial sessions. The 
idea seems to be that the legislature will do less harm if the 
sessions are shorter and fewer. 

6. The detailed regulation of the procedure to be followed in 
enacting laws. The complexity of the procedure seems to be 
calculated to discourage legislation. 

Thus, as the complexity of modern life has made more legis- 
lation necessary and law-making harder than ever before, the 
state legislature has been steadily shorn of power, and hin- 
drances have been placed in the way of making laws. At the 
same time the quality of legislators in character and ability 
has greatly declined. These various limitations are not neces- 
sarily all to be condemned. On the contrary, some of them, as 
already pointed out, are distinctly helpful. But on the whole 



108 GOVERNMENT AND THE PEOPLE 

they express and in part are responsible for an unsatisfactory- 
condition. 

103. The Inefficiency of the Legislature. — The legislature 
is now the least efficient of the three departments of the state 
government. Possibly the inefficiency of the legislature is 
exaggerated, but after all allowance is made it cannot be called 
efficient. This inefficiency is due to four principal causes: 

1. The enormous increase of legislation and administrative 
business due to the development of the country. Hundreds of 
public and private bills are introduced into the state legisla- 
ture at every session, and their proper consideration in the 
short time available is a physical impossibility. 

2. The restrictions imposed by the state constitutions upon 
the sessions and procedure of the legislature. The short and 
infrequent sessions prescribed in most states do not afford time 
for the proper consideration of proposed measures, and the 
complexity of legislative procedure, while largely necessary, 
prevents the expedition of business. On this subject a former 
speaker of the Virginia House of Delegates says:* "The con- 
stitution limits the regular session to sixty days every two 
years. This is not time enough for even routine business. 
The speaker of the House of Delegates must be elected, the 
committees of both houses appointed and organized, and many 
hearings must be given. The mere operation of the mechanics 
of legislation, the reading of bills and innumerable roll-calls 
make heavy demand upon the time and attention of members. 
There is in fact very little time for reflection, consideration, 
argument, or study. The biennial budget, which carries up- 
wards of $14,000,000, could well demand the entire time avail- 
able to members. It is, therefore, idle to expect the General 
Assembly to deal intelligently with any unusual and complex 
proposals for legislation." 

3. The composition and personnel of the legislature itself. 
Many of the legislatures have too large a membership to be 
deliberative bodies. The larger the legislature the more demo- 
cratic it is, but, after a certain limit is reached, the less efficient 

* R. E. Byrd, Report, Virginia Bar Association, 1915, p. 299. 



THE STATE LEGISLATURES 109 

it becomes. The incompetency or unfitness of the members is 
juiother reason for legislative inefficiency. In the early days, 
when the state legislatui'es ranked in popular esteem almost as 
high as Congress, the legislature attracted the best, ablest, and 
most experienced public men in the state. Now the legisla- 
tures are composed mainly of young men, willing to serve for a 
short time for the sake of the experience and the acquaintances 
formed, or of older men without political experience and 
usually of only fair abilitA'. A man of ability and position will 
rarely accept a seat in the legislature unless he has some special 
end to serve thereby. 

4. The decline in legislative responsibility. The popular 
distrust of the legislature and the taking away of so much of 
its power must, to a considerable extent, have resulted in a 
decline in the legislature's sense of responsibility and a cor- 
responding loss in efficiency. The initiative and referendum 
seem especially calculated to have this effect. 

The inefficiency of the legislature has led to many proposals 
and measures for remedying the evil, such as the establishment 
of legislative reference departments and the regulation of lob- 
bying. But these do not go to the heart of the matter. The 
great trouble is in the legislature itself and the conditions un- 
der which it works. The true remedy seems to be to restore 
the legislature to its former position of dignity, power, and 
effectiveness so that it will again attract the best men to the 
public service. This can be done by reducing the member- 
ship of the legislature to the minimum number consistent with 
the maintenance of the democratic principle of representation, 
removing the limitation now existing in most states on the 
length of legislative sessions, paying the members adequate 
salaries so that they can devote their time and attention to 
the public business, and removing the various restrictions that 
clog legislative action. In short, let the state legislatures be 
reorganized substantially upon the plan of Congress. 

104. The Powers of the State Legislatures. — The state 
legislature has all legislative and other power properly belong- 
ing to legislative bodies generally except such as has been 



110 GOVERNMENT AND THE PEOPLE 

taken from or prohibited to it by the constitution of the state 
or the federal Constitution. As has been already explained, it 
is just the reverse with Congress. It has only those powers 
which have been granted to it in the federal Constitution. 

While it is not practicable to name all the specific powers 
of the state legislature, they may be summed up under three 
heads: the police power, the taxing power, and the power of 
eminent domain. Of these the gi-eat fundamental power is the 
police power. This term is used somewhat indefinitely. In a 
narrower sense it means the power of the state to make and en- 
force laws to preserve and promote the safety, health, morals, 
and good order of the state. In a broader sense the police 
power is the whole power of the state to govern the internal 
affairs of the state, and includes almost every function of civil 
government. It extends not only to regulations for the public 
safety, health, morals, and good order, but to those also which 
promote the public convenience and the general happiness, 
prosperity, comfort, and well-being of the people. It covers 
all the power of the state to govern, except the power of taxa- 
tion and the power of eminent domain, and these powers are 
mere aids to the police power. The object of the power of 
taxation is to raise money to enable the state to exercise the 
police power, and the object of the power of eminent domain 
is to enable the state to acquire property for the same purpose. 

105. Federal Limitations on State Power. — The federal 
Constitution contains several important limitations upon the 
power of the states. Some of these are in the form of express 
prohibitions; others grow out of the fact that certain powers are 
exclusively granted to the federal government. A state can 
exercise no power which is expressly prohibited nor any power 
exclusively granted to the United States. The Constitution 
provides that: ''This Constitution, and the laws of the United 
States which shall be made in pursuance thereof, and all treaties 
made, or which shall be made, under the authority of the United 
States, shall be the supreme law of the land; and the judges in 
every state shall be bound thereb}^, anything in the constitu- 



THE STATE LEGISLATURES 111 

tion or laws of any state to the contrary notwithstanding." 
Under this provision no state can exercise any power which 
would conflict with the federal Constitution or with any valid 
law or treaty of the United States. 

Various express prohibitions are found in Ai-ticle I, Section 
10, of the Constitution, which will be considered in appropri- 
ate connections; also in Amendments XIII, XIV, XV, and 
XIX. The most sweeping prohibition is found in the pro- 
vision of the Fourteenth Amendment that: ''No state shall 
make or enforce any law which shall abridge the privileges or 
immunities of citizens of the United States; nor shall any 
state deprive any person of life, liberty, or property, without 
due process of law ; nor deny to any person within its jurisdic- 
tion the equal protection of the laws." 



Questions 

1. What are the names of the two branches of the legislature in your 
state, and how many members are there of each branch ? For what terms 
are the members of each branch elected, and how much are they paiil? 
Who are your local representatives? 

2. When and how often does the legislature meet in your state and 
what is the length of the session? 

3. What is a legislative reference bureau, and why is it needed? Is 
there such a bureau in your state? 

4. What is lobbying? Ought it to be prohibited? 

5. Name three ways in which state constitutions have restricted the 
powers of state legislatures. 

6. Name two reasons for the decline in the efficiency of the legislature. 
What seems to be the true remedy? 

7. State generally what legislative power the state legislature has. 
Which has the greater extent of power, Congress or the state legislature? 

8. What is the police power? What two other powers has the state? 
Are the powers of the state restricted by the federal Constitution? 



CHAPTER X 
THE STATE EXECUTIVE DEPARTMENTS 

106< The Governor. — The chief executive officer of a state 
is the governor, who in all of the states is elected by the people. 
The term of office of the governor varies, being one year in 
Massachusetts, three years in New Jersey, two years in twenty- 
four states, and four years in twenty-two states. In a number 
of states the office may not be held by the same person for two 
successive terms. The salary of the governor is in some states 
fixed by the state constitution, but in most states this matter 
is wisely left to the legislature. Like the President, the gov- 
ernor may be removed from office by impeachment. 

The governor has little control over the other executive and 
administrative officers of the state. The more important of 
these are, like himself, elected by the people and are responsible 
not to him but to the people, who have little or no means of 
knowing whether they are efficient or not. There is nothing in 
the state government to correspond with the President's cabi- 
net. The governor has no such staff of personal advisers. 
The conviction is growing that the econoni}^ and efficiency of 
the state governments would be greatly promoted by concen- 
trating authority and responsibility more largely in the hands 
of the governor. 

107. Powers and Duties of the Governor. — The powers and 
duties of the governor as defined in the early state constitu- 
tions were very limited. During colonial times the royal gov- 
ernors were frequently despotic in their administrations and the 
colonists found in their own legislatures their best protection 
against executive oppression. Taught by experience to dis- 
trust the executive and to regard the legislature as the chief 
safeguard of their liberties, when they came to establish their 

112 



thp: state executive departments 113 

own governments they naturally gave little power to their gov- 
ernors and placed few limitations upon the powers of their 
legislatures. The governor was scarcely more than a figure- 
head, while the legislatures had almost unlimited power. 
Gradually this condition has been reversed. There has grown 
up a profound distrust of the legislature and it has been shorn 
of much of its power, while the power of the governor has been 
largely, though perhaps not correspondingly, increased. Even 
now, however, the power of a state governor is not great, though 
it is still on the increase. 

It is the duty of the governor to take care that the laws of 
the state be faithfully executed; he exercises a limited legislative 
power in his messages, reports, and recommendations to the 
legislature, and in his veto; he may summon the legislature in 
special session or adjourn it in case of disagreement; he has a 
limited power of appointment (but not usually the power of 
removal); he represents the state in its dealings with other 
states, and to some extent with the federal government; he has 
the pardoning power, which he exercises either alone or in con- 
nection with the state senate or legislature, or a board, or coun- 
cil ; he has various administrative powers ; and he is commander- 
in-chief of the state's military and naval forces. 

108. Miscellaneous Executive and Administrative Officers. 
— Besides the governor there are numerous other state officers 
provided for by the state constitutions or statutes. In all of 
the states there is a secretary of state and a treasurer. In most 
of the states there is also a lieutenant-governor, w^ho succeeds 
to the office of governor upon the death, removal, or disability 
of the governor. In states without lieutenant-governors the 
president of the senate, or the speaker of the house, or the sec- 
retary of state usually succeeds to the governorship. Other 
common important state officers are the attorney-general, 
auditor, comptroller, superintendent of public instruction, li- 
brarian, and various commissioners, such as commissioners of 
insurance, agriculture, immigration, lal^or^ and statistics, char- 
ities, etc. The more important officers are usually elected by 



114 GOVERNMENT AND THE PEOPLE 

the people; others are appointed by the governor, or by the 
governor and the senate, or as provided by the legislature. 
There is much variation in the states as to what offices are pro- 
vided for and how they are filled. 

109. State Boards and Commissions. — The great increase 
in the activities of state governments in recent years in the 
regulation of the affairs of the people has led to the multiplica- 
tion of state administrative boards and commissions. The 
members of some of these are elected by the people while others 
are appointed by the governor or otherwise. Of some of them 
the governor is ex officio a member. Among these agencies 
may be mentioned, the state corporation or railroad commis- 
sion; board of public works; board of public health; board 
of prison commissioners; board of education; tax commission; 
board of charities; highway commission; board of law ex- 
aminers for admission to the bar; besides many others. 

With reference to this subject a recent writer says:* "The 
bewildering list of commissions, boards, and departments which 
we find in every important state is simply appalling when we 
take into account the necessity, in public administration, of 
providing for efficient work and of fixing definite responsibility. 
These boards and officers are frequently lobbying against one 
another in the legislature for appropriations and an increase 
of powers. Some of them are elected by popular vote; and 
others are appointed by the governor, with or without the ap- 
proval of some branch of the legislature. Their terms vary 
so that the appointing power never has an opportunity to make 
a clean sweep and introduce more efficient administrative meth- 
ods. Some of these subordinate authorities may be removed 
by the governor alone and others by the governor and Senate, 
and still others by the very difficult process of impeachment. 
Any one who has followed the somewhat uninteresting his- 
tory of state administration during the last quarter of a cen- 
tury is well aware of the wastefulness and inefficiency resulting 
from this disintegrated and irresponsible system." 

* Beard, "American Government and Politics," p. 503. 



THE STATE EXECUTIVE DEPARTMENTS 115 

The evils of this system are being recognized and to some 
extent corrected. The remedy is simpHfication of the govern- 
ment by reducing the number of elective officers and of 
boards or departments, thus concentrating power and respon- 
sibiUty. 

Questions 

1. Who is governor of your state and to what pohtical party does he 
belong? What is his term of office? His salary? What other state 
officers are elected by the people? 

2. Name any two of the administrative boards or departments of your 
state government. 



CHAPTER XI 
THE STATE COURTS 

110. The State Judicial Systems. — Each state has its own 
system of courts, which are usually provided for by the state 
constitution, but sometimes by the legislature. The judicial 
systems of the several states are substantially the same, there 
being, however, variations in the number and names of the 
courts, the apportionment of jurisdiction, and other details. 
There are two general classes of courts, namely, trial courts 
and appellate courts. A case is begun, tried, and decided in 
the first instance in a trial court. Sometimes this decision is 
final, but usualty in the more important cases an appeal is al- 
lowed to a higher court in which the decision of the lower court 
is reviewed. If found correct the decision of the trial court 
is affirmed, but if erroneous it is reversed, and an opposite judg- 
ment is rendered, or the case is sent back to the lower court 
to be tried again according to the directions of the appellate 
court. 

A court may be both a trial court, with original jurisdiction 
of causes brought in it for trial, and an appellate court, with 
jurisdiction to review the decisions of inferior courts. All of 
the appellate courts of highest rank have some original juris- 
diction. Since the courts are established and their jurisdiction 
defined by the law, and the laws of the several states differ 
in many particulars, it is impossible in a brief statement to 
present more than a general idea of the state courts. 

In most of the states judges are elected by the people; in 
other states they are elected by the legislature, or apppointed 
by the governor, or by the governor and council, senate, or 
legislature. In Massachusetts, New Hampshire, and Rhode 

116 



THE STATE COURTS 117 

Island the judges hold office for life; in other states the term 
of office ranges from two years in Vermont to twenty -one years 
in Pennsylvania. Judges are usually not highly paid, but the 
judges of several of the lower courts of New York state receive 
salaries higher than those of the justices of the Supreme Court 
of the United States. 

111. Trial Courts. — The lowest trial courts are the courts 
of the justices of the peace or magistrates' courts. These have 
jurisdiction of, that is, the power to hear and decide, minor cases, 
both civil and criminal. Their decisions usually serve to dis- 
pose of the cases brought before them, except where an appeal 
is taken to a higher court, but they are of no authority as de- 
termining questions of law. The principal trial courts are the 
county courts, or district courts, or circuit courts, as the case 
may be, which have jurisdiction of all civil cases involving 
substantial amounts, or real estate or other property of value, 
and criminal cases prosecuted by information or indictment. 
Appeals from the decisions of justice's courts may be taken to 
these courts in the more important cases. The trial courts 
may be courts of general jurisdiction, or they may be courts 
of special jurisdiction with authority to try only certain classes 
of cases. For example, there may be courts of probate and 
administration, dealing with matters relating to wills and the 
settlement of estates. 

A trial court is usually held by a single judge. Whether a 
jury is used depends upon the nature of the case. Juries are 
employed in most civil cases and in all criminal cases, except 
in the magistrates' courts. The party who brings the suit is 
called the plaintiff, and the party against whom the suit is 
brought is the defendant. In criminal cases the suit is brought 
in the name of the state, or of the people of the state. 
The procedure in trials is regulated by statute and rules of 
court. When a suit is brought, due notice must be given to 
the other party; the plaintiff briefly states his case and the 
defendant his defense in writing, these writings being known 
as the pleadings. Upon the trial, both sides present their evi- 



118 GOVERNMENT AND THE PEOPLE 

dence, under the direction of their respective lawyers, who 
actually conduct the case. When the evidence is all given, 
the respective counsel argue the case before the jury (or the 
court where no jury is used), and the court usually instructs 
the jury as to the law of the case and their own duty, where- 
upon the jury retire and consider their verdict. If they agree 
upon a verdict, the trial is ended, but if they "hang," or can- 
not agree, they are discharged and a new jury must be empan- 
elled and the case tried over. 

112. Appellate Courts. — In some states there is one appel- 
late court for th« entire state, to which all appeals from the 
regular trial courts are taken. This court is variously called 
the Supreme Court, the Court of Appeals, or the Supreme Court 
of Appeals. In a number of states there is also a lower or inter- 
mediate appellate court, also variously called. Thus, there 
may be the trial courts, then an inferior court of appeals, and 
above this the Supreme Court of Appeals. The usual course 
of appeals will be from the trial court to the inferior appellate 
court, and from this to the highest appellate court, the more 
important cases, however, being taken directly from the trial 
court to the highest court. This corresponds to the federal 
system, consisting of the District Courts, the Circuit Courts of 
Appeals, and the Supreme Court. 

In an appellate court there are usually three or more judges, 
an odd number being selected so as to avoid an even division 
in case of difference of opinion. A majority vote determines 
the decision. Should one of the judges be absent, so as to make 
the number of judges even, and they are evenly divided in 
opinion as to whether the judgment of the lower court should 
be affirmed or reversed, the rule is to affirm the judgment. In 
an appellate court the case is decided by the court without a 
jury. 

113. The Law Administered by the Courts. — The law is 
the body of principles and rules established and enforced by 
the state for the regulation of the conduct and affairs of the 
people. The American system of law, like most of our institu- 



THE STATE COURTS 119 

lions, is of English origin. The colonists brought over from 
England so much of the English law as was useful in this coun- 
try, just as they brought over the English language, the Eng- 
lish mode of dress, and other institutions and customs of the 
mother country. In this country the law has developed along 
independent lines to meet the new conditions found here and 
the changes that are always taking place in human society. 

There are two main divisions of the law: (1) the written law, 
and (2) the unwritten law, otherwise known as the common 
law. The written law is that part of the law which is expressly 
and formally adopted, enacted, ordained, or prescribed by the 
law-making authorities of the state. In this country it in- 
cludes: (1) the Constitution of the United States; (2) acts of 
Congress; (3) treaties; (4) the constitution of the state; (5) acts 
of the state legislature; (6) municipal ordinances; (7) written 
executive and administrative orders and regulations of the 
President, governor, or other executive officers, so far as they 
have the force of law, and rules of courts governing judicial 
proceedings. 

The common law is judge-made law. Its principal source 
is the customs of the people which have become so generally 
accepted and approved that they are looked upon as being of 
binding force, so that one shall not be permitted to disregard 
them. Such customs are common and come up in any de- 
partment of life. Thus in this country there is a rule or 
custom of the road that when travellers meet they shall avoid 
a collision by each one turning to his right. If one of them 
should fail to do so and run into and injure the other, a court 
would no doubt hold that his failure to follow the established 
custom made him liable to the injured party and he must pay 
for the injury. By so giving his official approval or sanction to 
the custom, the judge, as the official spokesman of the state, 
makes it a rule of law. 

So whenever a case is brought before a judge for decision, 
and there is no written law or previously established rule of 
the common law by which the case may be decided, the judge 



120 GOVERNMENT AND THE PEOPLE 

decides it according to his best judgment as to what the es- 
tabUshed customs or opinions of the people require in such a 
case. In this way new rules of law are made, and usually they 
will be followed in later cases involving similar questions. It 
is not primarily the function of the judge to make law — this is 
the business of the legislature; but in the discharge of his 
proper function to settle disputes or controversies between in- 
dividuals, the judge necessarily makes the law when there is no 
existing law covering the case. In this manner the common 
law of England and of this country has been built up. 

An important branch of the law is known as equity, or chan- 
cery jurisprudence, because it was formerly administered by a 
special court known as a court of equity, or chancery, the two 
words meaning the same. The head of the court of chancery 
in England was the lord chancellor. In this country equity 
jurisprudence is usually administered by the regular courts, 
but in a few states separate chancery courts are still maintained. 
Among the subjects belonging to equity are trusts, mortgages, 
the administration of estates, the adjustment of the claims of 
creditors, the settlement of accounts, receiverships, etc. Im- 
portant equitable remedies are injunctions, the specific per- 
formance of contracts (by which one is made to perform his 
contract instead of merely paying damages for breach), the 
reformation of written instruments when incorrectly written, 
the re-execution of wi'itten instruments which have been lost 
or destroyed, and the cancellation of written instruments. 

Questions 

1. Name the different courts in your state. How are the judges of 
the highest state court chosen? 

2. What is the difference between a trial court and an appellate 
court ? 

3. What are the several varieties of written law? What is the com- 
mon law, and who "makes" it? 



I 



III.— LOCAL GOVERNMENT 

CHAPTER XII 
LOCAL GOVERNMENT IN GENERAL 

114. In General. — As a natural result of the difference in 
the times and conditions under which different portions of this 
country were settled, there are marked differences in the 
character and form of local governmental institutions through- 
out the United States. A complete and detailed description of 
local government would necessarily be that of some particular 
state and would not be correct as applied to other states. Only 
a general description of local government in the United States 
can properly be attempted in a work of this scope. But, not- 
withstanding many differences in details, there is a general 
similarity in local government throughout the country. 

All the states are divided into counties, the size and bound- 
aries of which have been determined by local conditions. The 
county is the standard geographical subdivision of the state. 
For judicial and political purposes (that is, the holding of court 
and the election of members of Congress and of the state 
senate) counties are usually grouped into circuits or districts. 
For the administration of local affairs counties are usually sub- 
divided into smaller areas variously known as towns, townships, 
precincts, districts, etc. Each of these subdivisions is for some 
purposes a governmental unit. Towns and cities are usually 
incorporated and empowered to govern themselves indepen- 
dently of the counties or other rural units in which they are 
situated. In all the states the inhabitants of the local political 
units of area have large powers of self-government. They elect 
their own officers and representatives in the state legislature 
and largely administer their own local affairs. 

121 



122 GOVERNMENT AND THE PEOPLE 

All the various divisions and subdivisions of the state are 
created* by and subject to the control of the state at large. 
Subject to general provisions on the subject in the state con- 
stitution, the,y are under the absolute control of the state legis- 
lature, which may create or abolish them at discretion and 
prescribe or change the particulars of their organization and 
powers. The legislature is the law-making body for the entire 
state, and, except in so far as local or special legislation is for- 
bidden by the state constitution, it may regulate the local' af- 
fairs of particular communities as well as pass general laws for 
the state at large. The extent to which the state legislature 
should administer local government is necessarily dependent 
upon circumstances and the subject-matter to be regulated. 

In certain fields state supervision and control is on the in- 
crease, some matters once regarded as of purely local concern 
have become of state-wide and even of national importance. 
So we find that the public roads, the public health, public edu- 
cation, taxation, and other subjects of general interest, have 
been largely taken over by the state, the local authorities acting 
as administrative agents under the direction of the state boards 
and officials. Opposed to this, especially in the large cities, 
there is what may be considered a counter-movement to in- 
crease the degree of local self-government or ''home rule." In 
local government, as in state government at large, the present 
period is one of transition or evolution. f 

115. Types of Local Government. — The authority of the 
state government extends over the entii'e state, but for the pur- 
pose of administration and in order to provide for peculiarities 
of local needs and conditions, local governmental units or di- 
visions of the state are established. As stated in the preceding- 
section, the forms of local government differ considerably in 

* This, of course, is not true of the early colonial settlements. The New 
England towns, for example, existed before the general government of 
the state. 

t As to local government, see Beard, "American Government and Pol- 
itics," chap. XXIX. and INIunro, "Government of the United States," 
chaps. XXXVII-XLIII. 



LOCAL C.OVERNMENT IN GENERAL 123 

the several stat(\s. Thoi-c arc three principal types of local 
government in the United States: (1) "town" government, as 
found in the New England states; (2) county government, found 
especially in Virginia and the South and the far West; (3) a 
mixed form of government, found in the middk; Atlantic states, 
especially New York and Pennsylvania. These are the types 
of local government for rin-al communities. Municipal govern- 
ment constitutes a fourth type for urban comnumities. 

As already explained, all the states are divided into counties 
and the counties are subdivided into townships, districts, etc. 
The three types of rural government differ in the relative im- 
portance of the county and its subdivisions. Thus in New 
England the ''town" is the imix)rtant unit, the county govern- 
ment being feeble and undeveloped. In Virginia the principal 
unit is the county, the subdivisions (districts) being of small 
importance. In the states in which the mixed system prevails 
the respective functions of county and township or district are 
more nearly balanced in importance, but in varying degrees in 
the different states. 

116. Town Government in New England. — In New Eng- 
land the colonists settled in compact communities. They 
came to America usually in congregations under the leadership 
of their ministers and established in their little settlements a 
church-state on a small scale. The "meeting-house" of the 
congregation was the centre of the religious, political, and 
social life of the community. Around this the people lived. 
Moreover, the conditions of the country were not favorable to 
the establishment of large plantations as in the South. The 
winters were long and severe, the soil was unproductive, and 
the Indians were hostile. For companionship, mutual help, 
and safety the settlers kept close together. These conditions, 
co-operating with the independent character of the people 
themselves, led to the establishment of a purely democratic 
form of government. Every adult male was a voter, and the 
government was vested in an assembly of the voters held at 
intervals in the meeting-house or the town hall. At these town 



124 GOVERNMENT AND THE PEOPLE 

meetings the public affairs of the community were publicly- 
discussed and attended to, every qualified voter having the 
right to take part in the meeting. In the words of Lord Bryce : 
"The town meeting was for New England the most perfect 
school of self-government in any modern country." 

The town meeting is still kept up in New England and exists 
now in about the same form as in early times. There is usually 
an annual meeting and called meetings at such times as may be 
necessary. At each meeting a moderator is chosen to preside, 
and at the annual meeting the town officers for the year are 
elected. These are the selectmen, the town clerk, assessor, 
treasurer, constables, and various minor officials, such as poor 
guardians, pound-keepers, school committees, library or ceme- 
tery trustees, and the like. Committees are also appointed for 
special duties. The selectmen are the chief administrative of- 
ficers of the town and conduct its affairs during the intervals 
between the annual meetings. Their number ranges from three 
to nine. 

The New England "town," is not a town in the ordinary 
sense, that is, it is not necessarily an urban community. It is 
in fact usually a rural community containing one or more vil- 
lages. The area of a town may range from about five to thirty 
or forty square miles, and its population from less than 200 
to over 30,000. The more populous places are now usually 
incorporated, but this is not always the case. Thus in Massa- 
chusetts, Plymouth with 13,000 and Brookline with about 
35,000 inhabitants, still retain their town form of government. 
The town form exists in the six New England states. In the 
older of these states the town governments are older than that 
of the state, the states being in fact an aggregation of towns. 
This is the reverse of the rule in other states, in which the units 
of local government are historically subdivisions of the state. 

117. County Government in Virginia. — In the southern 
colonies conditions were very different from those in New Eng- 
land, and consequently a different type of local government 
was developed. In Virginia, the leading colony, there were few 



LOCAL GOVERNMENT IN GENERAL 125 

towns and the people lived mostly on large plantations, for 
which the soil and climate were favorable. The peaceable 
character of the Indians made the concentration of the col- 
onists for purposes of defense unnecessary. The colonists were 
not homogeneous, as in New England. They came over as 
individuals or single families, and not in congregations or groups. 
Socially they were divided into classes ranging from the aris- 
tocratic planters to the slaves. On the large estates the leading 
planters grew wealthy and established an aristocratic society of 
the English type. 

Meetings of all the people were impracticable under such 
conditions, and a representative, or rather an aristocratic, 
form of government was established. Following the English 
model, the county was set up as the political unit. The coun- 
ties were divided into parishes, as in England. Parish affairs 
were administered by a vestry of twelve men, who at first were 
chosen by the people of the parish, but later they became a 
self-perpetuating close corporation independent of the people. 
Ultimately, however, the parish became a purely ecclesiastical 
division, and the county was the sole political unit of local 
government. County affairs were administered by justices 
of the peace, usually eight in number, who formed the county 
court. The justices were appointed by the governor, usually, 
however, from nominations made by themselves, so that the 
county court, like the vestry, became practically self-perpetuat- 
ing. Upon the establishment of the state government in 1776, 
the county system was retained, the officials still being ap- 
pointed, the people voting only for members of the legislature, 
and only property-owners being allowed to vote. 

The Virginia system prevailed in all the Southern colonies, 
and is still retained, except, of course, that the governing of- 
ficials of the county are elected by the people. The county 
sj'stem exists also in the states of the far West. 

118. The County-Township System. — The mixed or county- 
township system of government exists in practically all of the 
states outside of New England, the South, and the far West, 



126 GOVERNMENT AND THE PEOPLE 

though great differences are found in the relative strength of 
the county and township governments. In a few of the states, 
a diluted form of town government exists, town or township 
meetings being held, but their functions are usually limited to 
the election of officers. Nowhere outside of New England does 
town government exist as found there. The term "town" 
in the New England sense is little used outside of that sec- 
tion, "township" being the common term. The term "town- 
ship" as a unit of local government should not be confused 
with the same term denoting the unit of the federal survey 
in the Western states. This unit, which is an area six miles 
square divided into thirty-six sections of one square mile, has 
no political significance in itself, though in some states the polit- 
ical township and the rectangular congressional township 
may coincide. 

Questions 

1. What are the three principal systems of local government in this 
country? What system is adopted in your state? 

2. What is a New England "town," and why was this system of gov- 
ernment adopted there? 

3. What system was adopted in Virginia, and why was a different sys- 
tem adopted there from that of New England? 



I 



CHAPTER XIII 
COUNTY GOVERNMENT 

119. In General. — All the states are divided into counties,* 
the number of counties in a state ranging from three in Dela- 
ware to one hundred or more in the larger states. The counties 
vaiy greatly in size and population. The county is the pre- 
vailing unit of government in the United States, though it may 
itself be cut up for certain administrative purposes into smaller 
divisions, such as townships or districts. A county is a political 
or civil division of the state, created by the sovereign power of 
the state for judicial and other governmental purposes. It 
is classified in law as a public quasi-corporation, being in a 
sense a corporation, yet not vested with full corporate rights 
and powers. 

Unlike a municipal corporation, that is, an incorporated 
town or city, a county has no charter, and also it is an involun- 
tary organization created by the state usually without the 
solicitation, consent, or concurrent action of the people of the 
county. A municipal corporation is created mainly in the 
interest and for the convenience of the people of the particular 
locality, but a county is organized distinctly as an agenc}' of 
the state. Its function is to administer the state laws and such 
local regulations as it may be empowered to make. All its 
power comes from the state. Except as restrained by the state 
constitution, the legislature has full power over counties and 
may create or abolish them at pleasure. To enable them to 
discharge their functions counties are given power to sue and 
be sued, make contracts, hold property, levy taxes, borrow 
money, and exercise such other powers as may be conferred 
upon them by the state constitution or by the legislature. 

The county serves as a unit for political, administrative, and 
judicial purposes. Politically it is the unit upon which reo- 
* In Louisiana the divisions are called parishes. 
127 



128 GOVERNMENT AND THE PEOPLE 

resentation in the state legislature is largely based, members 
of the lower house, and sometimes of the Senate also being 
elected by and representing the people of the several counties. 
It is also a unit for local-option purposes, police regulations 
of various kinds, such as dog laws, and formerly liquor laws, 
being sometimes made operative only in such counties as have 
voted to adopt them. As an administrative unit the county 
is given authorit}^ over t^ixation, public roads and bridges, 
poor relief, public schools, etc., the functions of counties vary- 
ing considerably in the several states. The present tendencj^ 
is toward a larger control of the public roads and schools by 
the state authorities. As a judicial district or unit the county 
is given jurisdiction of the administration of the civil and crim- 
inal laws of the state, also of the registration or recording of 
deeds and the probate of wills. The county court-house, re- 
cording office, and jail are located at the county-seat, which is 
usually, though not always^ the most important town in the 
county. 

120. County Boards. — The governing body of a county is 
the county board, members of which are usually called com- 
missioners or supervisors. These are usually elected by the 
voters of the count}-, being chosen either irom. the count}^ at 
large or from and by townships or districts, as the state law 
may provide. In the l)oard are vested all the powers of the 
county except in respect to matters which have been exclusively 
committed to some officer or person. Their powers include, 
in general, such matters as the le\ying of county- taxes and 
making appropriations; the construction and maintenance of 
public buildings and roads and bridges; the making of county 
contracts; the borrowing of money and issuing of bonds for 
county purposes, when so authorized by law; the care of the 
poor; the conduct of state elections; and, when so authorized, 
the adoption of various local police regulations, such as health 
and quarantine regulations, regulations for the protection of 
fish and game, and the like. 

121. Coimty Officers, — County officers are not the same 
in all the states, there being considerable variation in this re- 



r 
I 



COUNTY COVER NMKN'r 129 

spect. In New Enpiland, whore county jiovorninont is only 
slisliMy developed, some of tlie most common officcMs ar<' not 
found. Most county officers are elected by the voters of the 
county, usually for terms of two or four years. The following- 
are the most important county officers: 

Sheriff. — The chief executive officer of a county is the sheriff. 
The office of sheriff is one of si'OJ^t antiquity in England. The 
name is a compound of the old Saxon terms tihirc (county) 
and reeve (officer). Sheriffs arc usually elected by the voters 
of the coimty for a term of years. As a rule the sheriff is paid 
in fees, his compensation ranj>;inj!; from a small amount in most 
country districts to many thousand dollars in populous coun- 
ties containing large cities. The sheriff is the conservator of 
the peace for the county. It is his duty to arrest and commit 
to prison persons charged with crime or breaking the peace. 
In the performance of this and his other duties, he may be as- 
sisted by dejHities apjiointed by him. In preserving the peace 
he has the right, if necessary, to summon a posse comitatus 
(the power of the county) to assist him. Every able-l)odied 
male citizen over fifteen years of age is bound to answer his 
summons for this purpose. In modern times, however, the 
occasion for such a summons rarely arises. The sheriff is 
usually the keeper of the county jail, and has custody of the 
prisoners confined therein. He is also an officer of the court, 
and looks after the jurors and witnesses, serves summons, and 
carries out the orders of the court. He may have various other 
duties prescribed by law. Justices of the peace also act as con- 
servators of the peace, and one or more constables may be 
elected or appointed in the various districts of the county to 
act in the same capacity. 

Coroner. — The office of coroner, like that of the sheriff, is a 
very ancient one. There arc usually two or more coroners in 
each county. The principal duty of the coroner is to hold an 
inquest or inquiry as to the cause of any death occurring under 
circumstances exciting suspicion of violence or crime. When 
a dead body has been found under such circumstances, the 
coroner summons a jury of citizens, usually six in number, who 



130 GOVERNMENT AND THE PEOPLE 

examine into the circumstances and render a verdict as to the 
probable cause of death. If the jury find that the deceased came 
to his death by the criminal act of any person, the coroner may 
cause the arrest of the person accused. He is then subject 
to indictment or information and trial by the regular authori- 
ties, the coroner's jury having no jurisdiction to try the ac- 
cused. 

County Attorney. — The attorney at law for the county is 
known by various designations, such as, prosecuting attorney, 
state's attorney, commonwealth's attorney, district attorney, 
etc. Usually he is elected by the people of the county for a 
term of years. His principal duty is to conduct criminal prose- 
cutions in the county. He assists the grand jury in their de- 
liberations, and if an indictment is found, he conducts the 
prosecution before the trial jury. In some states, he is em- 
powered to institute prosecutions by information presented 
by himself without the intervention of a grand jury. He also 
acts as legal adviser to the county board and other county of- 
ficers, and represents the county in civil actions. 

County Clerk or Recorder. — In about half the states there is a 
county clerk, who may be also clerk of the county court. He 
has charge of the county records in which are recorded deeds, 
mortgages, and other documents authorized or required to be 
recorded. Other duties of the clerk are to prepare the election 
ballots, to issue marriage licenses, and to record births, mar- 
riages, and deaths in the county. In a number of states the 
county records of deeds, mortgages, etc., are in charge of a 
special officer known as the recorder or register of deeds. 

Financial Officers. — In practically all the states there is a 
county treasurer, whose function it is to collect and take care 
of the state and county taxes. In some states there are also 
tax collectors. Other financial officers in some states are county 
tax assessors, who appraise property for taxation; and county 
auditors, who audit the accounts of all county officers and issue 
warrants on the treasurer for claims against the county. 

School Officers. — In most states the rural public schools are 
established and conducted by the county school authorities. 



COUNTY GOVERNMENT 131 

In each county there are a school superintendent and a school 
board. The superintendent is variously chosen, either by elec- 
tion by the people, or by the county school lioard, or \)y the 
state authorities. He conducts teachers' examinations, visits 
the schools, and has general oversight of the schools of the 
county. The county school authorities act under the general 
direction of the state authorities. 

122. County Courts. — The county court is one of the most 
important of state institutions. Each county has its own court, 
which is a part of the state judicial system. Some of the more 
populous counties have their own judges, but usually there is 
not a separate judge for each county, but several counties are 
grouped into a judicial district with a single judge who goes 
from county to county holding court at regular intervals in 
the different counties. As a rule the judges are elected by the 
voters of the county or district, but sometimes they are elected 
by the legislature or appointed by the governor and senate. 

The county courts have appellate jurisdiction over the courts 
held by justices or magistrates, and have general original civil 
and criminal jurisdiction. They constitute the principal trial 
courts in the state judicial system. Where the same judge 
holds court in more than one county, the court is usually known 
as the circuit or district court. The probating of wills and the 
administration of estates usually comes within the jurisdiction 
of the county courts, but in some states there are special pro- 
bate courts. Besides the county courts, there are inferior courts 
held by justices of the peace or similar inferior magistrates. 
Justices are elected in the several districts of the county. Jus- 
tices' courts have jurisdiction of petty civil and criminal causes. 

Questions 

1. How many counties are there in your state? Name the subdivi.<ions 
of your county. 

2. What is the governing body of your county called? How many 
members has it and how are they chosen? 

3. Give the names of the principal officers of your county. 

4. What is the principal court in your county called? Name the 
judge. 



CHAPTER XIV 
MUNICIPAL GOVERNMENT 

123. In General. — Whenever a sufficient number of people 
are congregated together to justify or make necessary such 
a step, they may incorporate themselves, under the authority 
of the state, into a distinct political community with power of 
self-government in local affairs. When so incorporated thej^ 
constitute a municipal corporation, which may be defined to 
be a body politic formed by the incorporation of the inhabi- 
tants of a designated area for purposes of local government. 
Each state prescribes for itself the conditions upon which com- 
munities may become so incorporated, including the number 
of inhabitants necessary to form such a corporation. 

In the absence of contrary provisions in the state constitu- 
tion, the creation of a municipal corporation is a matter with- 
in the discretion of the state legislature, regardless of the wishes 
of the inhabitants of the community affected. Usually, how- 
ever, municipal charters are granted in response to an applica- 
tion therefor from the people themselves. A municipal cor- 
poration is an arm or branch of the state government for the 
administration of the laws of the state within the boundaries 
of the municipaHty, and also a local agency for providing for 
the necessities, comfort, safety, and convenience of its own 
people. According to its size, a municipal corporation may be 
a village, town, or city, and cities may be classified as cities of 
the fii'st, second, third, etc., class, according to population. 

No feature of American life has been more striking in the 
past few decades than the growth of cities and towns. In 1790 
there were in the United States onty five cities with more than 
8,000 inhabitants, and the population of the largest city, Phila- 
delphia, was only about 45,000. One hundred years ago (1820) 

132 



MUNICIPAL GOVERNMENT 133 

the number of such cities had risen to thirteen, fifty years ago 
there were 226, and in 1920 the number was about 900. In 
1820 only two cities, Philadelphia and New York, had a ijopu- 
lation exceeding 100,000, while in 1920 there were sixty-nine 
such cities. In 1820 the ratio of persons living in cities of over 
8,000 inhabitants was 4.9 per cent, or about one-twentieth of 
the total population; in 1870 the ratio was 20.9 per cent, or 
one-fifth; in 1920 more than one-half of the total population 
of the United States lived in cities of 8,000 or more. In 1920 
the population of New York City alone far exceeded that of 
the entire United States in 1790. 

This astonishing growth of urban population has been due 
to a number of causes. The rise of the modern industrial and 
commercial system is, perhaps, the principal cause. Factories 
and industrial plants employing large numbers of persons are 
usually established in cities, and themselves draw people to- 
gether. Trade and commerce likewise can exist only where 
many persons are congregated. Wherever industry and trade 
flourish the people will flock, and people make cities. Further, 
the great flood of immigrants that has poured into this country 
since the Civil War has mainly settled in the cities. Again, 
the superior attractions of city life — better educational and 
religious advantages, more comfortable living conditions for 
those who can afford them, amusements, and the general fas- 
cination of the city, have drawn thousands from the country. 
Improved methods of agriculture, for example, the use of farm 
machinery, have made possible the proper cultivation of the 
land with fewer workmen, and thus many have been released 
from farm labor to find employment in the cities. 

This congestion of population in cities has made the problem 
of city government a most important one, while the peculiar 
conditions of city life make it also a very difficult one. It is 
not strange that the government of American cities has not 
been very successful. Lord Bryce in his book on the American 
Commonwealth, first published in 1889, wrote: "There is no 
denying that the govermnent of cities is the one conspicuous 



134 GOVERNMENT AND THE PEOPLE 

failure of the United States. The deficiencies of the national 
government tell but little for evil on the welfare of the people. 
The faults of the state governments are insignificant compared 
with the extravagance, corruption, and mismanagement which 
mark the administration of most of the great cities." In the 
revision of this work published in 1910 this statement is re- 
tained, but it is added that "Yet no one who studies the muni- 
cipal history of the last decades will doubt that things are better 
than they were twenty-five years ago." There has indeed been 
great improvement in the government of American cities, and 
no branch of government is now receiving more intelligent 
and earnest consideration than municipal government. 

124. Municipal Charters. — The basis of the government of 
a municipal corporation is its charter, which is granted by the 
state. It corresponds in a general way to the federal Consti- 
tution for the country at large. It sets forth the sch'eme of 
government for the town or city, and grants and defines its 
powers. In some respects a municipal corporation resembles 
a private corporation, for example, in its power to sue and be 
sued, hold property, or make contracts; but, unlike the charter 
of a private corporation, a charter granted by the legislature 
to a municipality is not a contract, and may be repealed at 
pleasure by the legislature, notwithstanding the clause in the 
Constitution prohibiting the impairment of contracts. The 
legislature may create or abolish municipal corporations in 
its discretion. 

This complete control of municipal corporations by the legis- 
lature is sometimes objectionable in that it places the interests 
of the municipahty largely at the mercy of the legislature, which 
has occasionally abused its power. Undoubtedly, it is hardly 
natural or reasonable that a legislature composed largely of 
members from the rural districts should control the affairs of 
a large city with its own peculiar needs. To correct this, in 
a number of states the "home-rule charter system" has been 
adopted. The cities are permitted to frame their own charters, 
which are usually drawn by a board or commission, and then 



MUNICIPAL GOVERNMENT 135 

submitted to the people of the city for approval at the 
polls. 

125. Forms of Municipal Government. — The older and 
still the more common form of municipal government in the 
United States is the mayor and council type. The powers and 
functions of the corporation are vested in or devolve upon a 
mayor and various administrative boards or officials and a 
council. In general this plan is similar to that of the state and 
federal governments. This type of municipal government 
was practically universal in this country until about the be- 
ginning of the twentieth century, and is still the prevailing 
type. In recent years two new forms of city government have 
l)een rapidly coming into vogue. These are the commission 
form of government and the city manager plan. These three 
forms will now be briefly described. 

126. The City Council. — Every municipality has some kind 
of legislative body, usually the town or city council. Formerly 
the prevailing rule for the larger cities was a council composed 
of two branches (bicameral), the upper chamber being usually 
known as the board of aldermen and the lower chamber as 
the common council. The bicameral form of council has, how- 
ever, been largely abandoned, and man}^ of the larger cities, 
as well as the towns, now have councils composed of onlj^ one 
house. The reason for the bicameral form is not so strong in 
the case of a municipal council as in that of a state legislature 
because of the difference in the nature of the Junctions of the 
two bodies. The importance of the bicameral form for a legis- 
lative body has already been pointed out, the principal reason 
being that it affords a check against hasty and ill-advised legis- 
lation, but the same considerations do not apply in the case 
of an administrative body, which a municipal council largely 
is, its legislative powers being quite limited. Councilmen are 
elected for terms varying from one to four years, being chosen 
either by wards, or from the municipality at large, or by some 
combination of the two methods. They usually serve without 
pay, but are sometimes paid in the larger cities. 



138 GOVERNMENT AND THE PEOPLE 

The principal functions of the municipal council are as fol- 
lows: (1) As a legislative body they pass local laws or ordi- 
nances. These relate to a great variety of subjects, such as 
the preservation of peace and good order, the suppression of 
vice and intoxication, traffic and the use of the streets, sanita- 
tion, vagrancy, amusements, health, obnoxious business, mar- 
kets, etc. These ordinances, so far as vaHd, have the force of 
statutes. They must not conflict with the constitution or 
statutes of the state, must be within the power of the corpora- 
tion to enact, and must be reasonable. (2) The council has 
considerable power in matters of local finance in connection 
with the levying of taxes, making appropriations, borrowing 
money, etc. This power, however, is largely restricted by state 
constitutional or statutory provisions regulating its exercise. 
(3) Formerly municipal councils had large power in granting 
franchises for the construction and maintenance of public utili- 
ties, such as water-works, and lighting, telephone, and street 
railway systems, and this power it still to a considerable extenb 
retained. It was found, however, that the power to grant 
franchises was often abused or exercised corruptly, valuable 
franchises being granted for long terms or in perpetuity with 
little or no compensation to the city. This power has, there- 
fore, been largely restricted by state laws safeguarding the 
interests of the public. (4) The council also exercises various 
other miscellaneous powers, such as making city contracts, 
laying out new "Streets, etc. 

127. The Mayor and Other Administrative Officers. — The 
mayor is the chief executive of the city, his position correspond- 
ing closely to that of the governor of the state. He is elected 
by popular vote and holds office for a term varying from one 
to four years. He is paid a salary, which in the case of the 
largest cities sometimes exceeds that of the governor of the 
state. As in the case of the governor, the mayor's duties are 
legislative, administrative, and financial. He may recommend 
legislative measures to the council and usually ordinances must 
be submitted to him for approval or veto. He has the power 



■JJl 



YOUR TAX DOUUR 

IS SPEMT r0R THE roUOYrillG SERVICKS 




Courtesy of the A77ierican City Magazine. 

GRAPHIC PRESENTATION OF A CITY BUDGET. 



138 GOVERNMENT AND THE PEOPLE 

of appointing various municipal officers, and the present ten- 
dency is to increase his power in this respect. Most of the 
more important officials, however, such as the treasurer, city 
attorney, police commissioner, heads of the fire department, 
department of streets, etc., are still elected by the people or 
appointed by the council. As the public is in no position to 
judge of the fitness of candidates for such positions, their selec- 
tion by popular election has been found unsatisfactory in the 
larger places, and this method of choice is being abandoned. 
In connection with the administration of the city government 
there are many duties of one sort and another requiring the 
mayor's attention. 

Besides the mayor, there are various boards or commissioners 
at the head of the several administrative departments of the 
city government, such as the departments of public health, 
public works (streets, sidewalks, sewers, water-works, etc.), 
pubhc safety (fire, police, building inspection, etc.), finance, 
parks, education, etc. There are also a large number of em- 
ployees of various kinds, both skilled and unskilled, such as 
firemen, policemen, clerks, school-teachers, library officials, 
street-cleaners, and others. To a considerable extent the merit 
system has been adopted in the selection of certain classes of city 
employees, these being brought under civil service regulations. 

128. The Commission Form of City Government. — The 
government of a city is a very different matter from the govern- 
ment of a state, and it does not necessarily follow that a form 
of government that works well for a state will serve equally 
well for a city. Only to a very limited extent does a city gov- 
ernment have to make general laws — these are made by the 
state legislature for the entire state, including the cities; the 
principal work of a city government is administrative. A city 
is for most purposes a great business organization, its adminis- 
tration invol-v^ing the performance of a multitude of operations, 
often of a technical nature, and calling for the expenditure of 
great amounts of money. 

For this kind of work the form of municipal government 



Ml'NiriPAL COVKHX.MKXT 139 

just described, patterned after that of the state, has often 
proved imsuited, and in many cases tiie government of the 
larger American cities has been characterized by waste, in- 
competence, negUgence, and corruption. This has led dui'ing 
the past twenty years to the reconstruction of the governments 
of several hundred of the principal American cities. In place 
of the complicated mayor and council form of government, 
with its division of powers, has been substituted a compact 
and efficient government by a commission composed of a few 
men vested with complete legislative and executive power. 

The commission form of city government in its present form 
was first established by the city of Galveston, Texas, after the 
disiistrous flood of 1900, which destroj^ed about one-third of 
the city with a loss of several thousand lives. In the face of 
such a disaster the existing government was helpless, and in 
its jjlace was set up a government of five commissioners elected 
by the people of the city, one of the commissioners holding the 
office of mayor. This form of government was not intended 
to l)e permanent, but only to serve until the city could be re- 
constructed. But the plan worked so well, that it was decided 
to retain it as the permanent form of government for the city. 
Several hundred other cities have since obtained new charters 
providing for city government according to the Galveston 
plan or some modification of it. The commission form of gov- 
ernment for cities possesses substantial advantages, but serious 
objections have been urged against it, notably the concentra- 
tion of power in so few hands, but on the whole it is supposed 
that the advantages outweigh the disadvantages. The plan is 
still more or less experimental. 

129. The City-Manager Plan. — The fullest recognition of 
the fact that the government of a city is primarily a matter of 
administration and lousiness has been shown by the cities which 
have adopted the so-called city-manager plan of government, 
the central feature of which is the employment of an expert 
administrative official whose position corresponds closely with 
that of the general manager of a business corporation. This 



140 GOVERNMENT AND THE PEOPLE 

plan may be employed by cities having either the mayor-and- 
council or the commission form of govermnent, but so far it 
has been adopted mainly by cities with commission govern- 
ment. 

The small city of Staunton, Virginia, first brought this plan 
into prominence by its appointment of a- city manager in 1908, 
but the first large city to adopt the plan was Dayton, Ohio, 
which in 1914 put into effect a combined commission and city- 
manager plan of govermnent. According to this plan a com- 
mission of five members is elected from the city at large for a 
term of four years, and these enact ordinances and fix the tax 
rate, vote appropriations, and direct the general affairs of the 
city, and appoint a manager, who is well paid and holds his 
office afc the pleasure of the commission. The manager acts 
as business adviser to the commission, but has no vote. He 
enforces the ordinances, appoints or employs subordinate of- 
ficials or employees, and directs their activities; prepares the 
annual estimates of expenditures^ makes contracts and pur- 
chases, and, in general, acts as the business manager of the 
corporation. 

More than 200 towns and cities have adopted the city- 
manager plan, but it is too recent an innovation in city gov- 
ernment to justify any conclusion as to its merits as a plan 
for general adoption. Plainly its success or failure depends 
mainly in every case upon the kind of man secured as manager, 
and the question is whether the selection of the manager can 
be kept out of politics, and also whether a sufficient number 
of competent men can be found to supply the demand. 

130. Municipal Courts. — Municipal courts are inferior 
courts held by the mayor, city recorder, police judge or justice, 
or other designated officer. They usually have both civil and 
criminal jurisdiction, criminal jurisdiction being limited to 
petty offenses. When distinctively criminal courts they are 
sometimes known as police courts. They have jurisdiction 
of all prosecutions for violations of municipal ordinances and 
of such offenses against the state laws committed within the 



MUNICIPAL GOVERNMENT 



141 



municipal limits as they may be invested with b>' the legis- 
lature. 

In most large cities there are now juvenile or childien's courts 




CHILDRENS COURT IN OXE OF OUR CITIES 



in which youthful offenders are dealt with, the main object of 
these courts being to save and reform young delinquents rather 
than to punish them as if they were adults. Only a small mi- 
nority of the children brought before these courts are sent to 
reformatories, most of them being released on parole. Sev- 



142 GOVERNMENT AND THE PEOPLE 

eral of the larger cities have also established night courts for 
the prompt examination of persons arrested at night. Inno- 
cent persons so arrested are thus spared the annoyance of being 
kept in prison until they can be examined or tried in the regular 
courts. Another new kind of court has been established in 
some cities known as the court of domestic relations, which 
has jurisdiction of difficulties between husbands and wives and 
controversies over the custody of children and similar matters. 
Besides the local municipal courts, there are also in all cities 
courts of general jurisdiction belonging to the state judicial 
system. All the state courts, except the county courts where 
the county-seat is not a city, are located in cities. 

Questions 

1. What is the basis of the government of a municipal corporation? 
If you Uve in a municipal corporation, tell when its charter was obtained. 
Was it voted on by the people? 

2. What are the three main forms of municipal government? Which 
do you have in your city? Who is the mayor of your city? The city 
manager (if any) ? Do you know any of the members of the city council ? 

3. What is supposed to be the main advantage of the commission form 
of city government? How did this form of government start? 

4. What is the city-manager plan of government? When and where 
was it first tried? 

5. What courts are there in your city? Is there a juvenile court ? 



PART II 

CIVIL AND POLITICAL RIGHTS AND 
PRIVILEGES 

CHAPTER XV 
LffiERTY AND CIVIL RIGHTS 

13L The Constitutional Guaranties. — No feature of our 
constitutional system is more striking than the protection af- 
forded to individuals in their rights of person and of property. 
Every government worthy of the name makes some provision 
for the protection of individuals against each other, as well as 
for the protection of the government itself. Crime, whetluM- 
against the state or the individual, is punished and guarded 
against, and courts are established for the adjustment of private 
controversies. But only in enlightened countries with con- 
stitutional governments is the individual protected against op- 
pression by the government itself. At times most governments 
have been oppressive, and in such cases the people's only 
remedy has usually been an appeal to the mercy of the rulers 
or open revolt against them. Under our constitutional system 
the individual is protected by various guaranties known col- 
lectively as a ''Bill of Rights." 

The first bill of rights in America was a part of the Virginia 
constitution of 1776. It was based large Ij^ upon the English 
bill of 1689. The federal Constitution as originally adopted 
contained no bill of rights. There were several clauses pro- 
tecting persons accused of crime, but there were no guaranties 
in other cases. This was regarded as a serious defect in the 
Constitution, and various guaranties were at once added in 
the first nine amendments, which were adopted in 179L These 

143 



144 ■ GOVERNMENT AND THE PEOPLE 

guaranties constitute a federal Bill of Rights, and are restric- 
tions upon the federal government only. There are also several 
restrictions upon the states in the original Constitution, but the 
most important restrictions upon the states are found in the 
Fourteenth and other late amendments. Many guaranties 
applying to the states only are found in the state constitutions. 
In the main they are about the same as those found in the fed- 
eral Bill of Rights. The guaranties usually take the form of 
prohibitions, for example, that no person shall be deprived 
of life, libert}^, or property without due process of law, but 
some of them are affirmative in form, such as the guaranty 
of the right of trial by jury. In this chapter the various guar- 
anties in the federal Constitution will be explained. 

132. Titles of Nobility. — The Constitution provides that, 
"No title of nobiUty shall be granted by the United States," 
and also that, "No state shall . . . grant any title of nobility." 
This prohibition has been called the "corner-stone of repub^ 
licanism." Probably no one act of the governrnent could so 
change the character of American institutions as the granting 
of hereditary titles of nobility. There can be no complete 
democracy if the government sets up one class of the people 
above the rest. American democracy rests upon the principle 
announced in the Declaration of Independence that all men 
are created equal. This principle is embodied in the prohibi- 
tion of the granting of titles of nobility. 

By this guaranty the government is prevented from creating 
an aristocracy based upon artificial distinctions. However 
humble may be the circumstances of his birth, the way is open 
to the citizen of the United States to rise to the highest posi- 
tions in the country. Several of the Presidents and many of 
the most distinguished statesmen and other leaders have risen 
from poverty and obscurity. In this country there is an aris- 
tocracy of character, or intellect, or achievement to which men 
win admittance by their own efforts or abilities, but we have 
no titled aristocracy raised above the common people by the 
favor of the government. 



LIBERTY AND CIVIL RIGHTS 145 

133. Religious Liberty. — The First Amendment to the 
Constitution provitles that: "Congress shall make no law re- 
sp:^ ''infi; an ostal^lishment of religion, or prohibiting the free 
ex?:-ciso thereof." It is also provided in Article VI of the Con- 
stitution that "no religious test shall ever be required as a 
ciualification to any office or public trust under the United 
States." These prohibitions apply to the federal government 
only, but similar provisions are found in the state constitu- 
tions. These guaranties establish the complete separation 
of church and state in this country, and secure to the peojile 
the inestimable blessing of religious liberty. So accustomed 
are we to religious liberty that we may easily fail to realize 
how great a blessing it is. Some of the cruelest tragedies of 
history have attended the establishment of an official rehgion. 
History contains no darker pages than those which record the 
persecutions inflicted by the government in the name of reli- 
gion. 

At the time of the settlement of the American colonies reli- 
gious liberty was practically unknown in the world. In all 
European countries there was an established church supported 
by the state, and all persons who did not adhere to the estab- 
lished religion were discriminated against, if not actually per- 
secuted, on account of their religious beliefs. In England re- 
ligious toleration was securing a foothold, that is, dissenters 
from the state religion were allowed to practise their own 
religion unmolested. They were no longer thrown into prison 
or burned at the stake for conscience' sake. But they did not 
have real religious liberty; they were sul^ject to various dis- 
abilities and did not enjoy all the civil and political rights al- 
lowed to members of the established church. For example, 
they could not hold public office or attend the universities of 
Oxford or Cambridge. At the same time they were taxed along 
with the rest of the people for the support of the state church. 

In America conditions were much the same as in England. 
The Church of England was established in Virginia and some 
other colonies and the Congregational Church in New Eng- 



146 GOVERNMENT AND THE PEOPLE 

land except Rhode Island. Only in Rhode Island was there 
complete religious liberty. To Roger Williams belongs the 
glory of having established in that colony what was probably 
the first organized community in the world in which full re- 
ligious Hberty was enjoyed by all. At the close of the Revo- 
lution religious liberty was the rule in several states. The 
Virginia Bill of Rights of 1776 declared that ''all men are 
equally entitled to the free exercise of religion, according to 
the dictates of conscience." This is the universal doctrine in 
the United States. 

The First Amendment forbids the "establishment of re- 
ligion" and "prohibiting the free exercise thereof." But what 
do these terms mean? The establishment of religion in the 
constitutional sense means the setting up of a state church, 
or the support of religion by the state. The prohibition was 
aimed at a state -supported church such as had existed in Eu- 
rope and the colonies. The amendment was not intended to 
prohibit all recognition whatever of religion by the govern- 
ment, and must be interpreted in the light of its purpose, which 
was to prevent the setting up of an official state church and 
to secure religious liberty to the individual. So interpreted, 
the amendment is not violated by the incidental recognition 
given to religion by the government, so long as no particular 
sect is favored over others. Thus, the provision made for chap- 
lains and religious services for the army and navy and for the 
two houses of Congress is not deemed a violation of the amend- 
ment. 

The levying of taxes for the support of churches and religious 
establishments would probably be the establishment of re- 
ligion, but the exemption of church property from taxation is 
not objectionable on this ground, provided the exemption ap- 
plies to all sects alike. Provision for sectarian instruction in 
public schools would also violate the prohibition. So would 
a statute requiring the profession or practice of any form of 
religion. But no person has a right under a pretext of religion 
to violate the ordinary laws passed for the health, safety, 



LIBERTY AND CIVIL RIC.HTS 147 

morals, and p;oo(l order of society. The words "prohibitin<r 
the free exercise of religion" are to be taken in their natural 
and ordinary sense, and may not be strained so as to jjrevent 
the enforcement of such laws. No one has a I'ight to commit 
a crime under cover of the right to religious liberty. Thus 
polygamy may not be practised in this country even as a reli- 
gious institution. Nor may one escape prosecution for unlaw- 
fully practising without a license the art of healing the sick 
on the ground that his religious system repudiates the ordinary 
modes of healing. 

134. Sunday Laws. — Throughout this country, either by 
law or custom, Sunday is ol)served as a day of rest from oixli- 
nary pursuits. Many of the states have statutes prohibiting 
secular emplo^mients on Sunday, and in some states the pro- 
hibition extends to travelling or indulging in public sports or 
amusements. Congress has no power to pass a general Sunday 
law for the whole country, but the post-offices and other fed- 
eral offices, like the state and municipal offices, are closed on 
Sunday, and in general the federal and state governments 
conform to the custom of the country in respect to Sunday 
observance. The Constitution itself provides that in comput- 
ing the ten days allowed the President for returning a bill, Sun- 
day shall be excepted. 

Sunday laws are valid, not as regulations of religion, l)ut 
as police regulations adopted for the physical, social, moral, 
and economic welfare of the people. All recognize that periodic 
days of rest are absolutely necessary, and one day in seven is 
commonly accepted as the right proportion of days of rest to 
days of labor. The legislature may, therefore, set apart one 
day in the week as a day of rest. The question is, which day ? 
Plainly the same day must be selected for all. or there will be 
confusion. In selecting the day the choice of the majority 
must control. But in this country the majority is in favor of 
Sunday, and this day is therefore selected as the day of rest 
for all. If the majority should ever prefer some other day, 
it will be the duty of the legislature to designate that day. But 



148 GOVERNMENT AND THE PEOPLE 

while the legislature may set apart Sunday as a day of rest, 
it may not require the people to attend church or exercise re- 
ligion in any way, but only to abstain from ordinary pursuits. 

135. Freedom of Speech and of the Press. — The First 
Amendment also provides that Congress shall make no law 
''abridging the freedom of speech, or of the press." The im- 
portance of this provision consists mainly in securing to the 
people the right, in a proper manner, to criticise the conduct 
of the government and of public officers. Democracy is essen- 
tially government by public opinion, and public opinion is 
developed and expressed mainly by discussion and through 
the printing-press. Without freedom of speech and of the 
press, real democracy is impossible. 

There has been much discussion and some difference of 
opinion as to the meaning of the terms "freedom of speech 
and of the press." All agree that such freedom does not mean 
complete libertj^ to say or publish anything whatsoever about 
individuals or the government, regardless of the nature and 
effect of the words used. This would be not freedom but license. 
The constitutional guaranty was not intended to do away with 
the law of slander and libel; it does not protect the individual 
in blasting the character of his neighbor by slanderous utter- 
ances, nor in the publication of obscene or immoral writings, 
nor in uttering or publishing sentiments that might imperil the 
existence or interfere with the operations of the government, 
or obstruct the administration of justice. On the other hand, 
freedom of speech and of the press does include the right of 
honest criticism of individuals and of the government for any 
proper purpose. 

One may urge the change of the laws, or even of the form of 
the government, by peaceful and lawful methods, but the free- 
dom of speech and of the press does not include the right to 
advocate disobedience to law or the use of force or violence in 
opposition to the government. The distinction is between a 
protest against the law in an effort to get it changed in the 
manner prescribed by law, and incitement to a violation of 



LIBERTY AND CIVIL RIGHTS 149 

the law while it remains a law. It is hardly necessary to add 
that freedom of speech does not include the light to intcirrupt 
or disturb public meetings con(kicted l)y others, or to use the 
streets, which are intended for purposes of travel, as speaking 
places, without permission of the municipal authorities. 

136. Right of Assembly and Petition. — Closely related to 
the freedom of speech and of the press are the rights secured 
in the constitutional provision that Congress shall make no 
law abridging "the right of the people peaceably to assemble, 
and to petition the government for a redress of grievances." 
The right of the people peaceably to assemble for lawful pur- 
poses has always been regarded as one of the rights of citizens 
under a free government. This right must, of course, be exer- 
cised with due regard for public order. Assemblies of the people 
for social, religious, educational, commercial, or political pur- 
poses are very common, and play an important part in the 
development of public sentiment and the promotion of the 
public welfare. The right to circulate petitions and secure 
signatures to them and present them to the president, or to 
Congress, or to other officers or departments of the govern- 
ment, is frequently exercised. Monster petitions bearing thou- 
sands of signatures are sometimes presented to Congress. Of 
course any citizen may at any time write personally to mem- 
bers of Congress or any officer of the government. 

137. Right to Keep and Bear Arms. — It is provided in the 
Second Amendment that: "A well-regulated militia being neces- 
sary to the security of a free state, the right of the people to 
keep and bear arms shall not be infringed." At the time of 
the adoption of the Constitution there was great distrust of 
standing armies, and reliance for military protection was placed 
largely in the militia. This amendment is intended primarily 
to safeguard the development of a citizen soldiery so as to make 
a large standing army unnecessary. It also protects against 
any attempt by the government to disarm the people for the 
purpose of setting up a despotism. The prohibition applies 
only to the federal government, and does not affect the power 



150 GOVERNMENT AND THE PEOPLE 

of the states to regulate the drilling and parading of men in 
arms. Nor does it apply to laws prohibiting the carrying of 
concealed weapons. 

138. Protection of the Home and Privacy. — The Third 
Amendment provides that: "No soldier shall, in time of peace, 
be quartered in any house without the consent of the owner, 
nor in time of war, but in a manner to be prescribed by law." 
This guaranty protects the people against one of the most op- 
pressive acts of governments, the placing of soldiers in private 
homes and requiring their unwilling hosts to take care of them. 
One of the grievances complained of in the Declaration of In- 
dependence was that the British king had quartered large bodies 
of troops among the people. 

The Fourth Amendment provides that: "The right of the 
people to be secure in their persons, houses, papers, and effects, 
against unreasonable searches and seizures, shall not be vio- 
lated, and no warrant shall issue but upon probable cause, 
supported by .oath or affirmation, and particularly describing 
the place to be searched, and the persons or things to be seized." 
This applies only to the federal government, but similar pro- 
visions are found in state constitutions. 

It is important in the interest of society that public officers 
should at times have the right to enter the homes of individuals, 
and even to search their persons and effects, for otherwise the 
enforcement of law might be impossible. But it is essential 
to liberty that this right be strictly limited to the necessities 
of the case and be exercised in a reasonable manner. Under 
the Constitution no such search can be made without a proper 
search-warrant, issued and made out as required by the guar- 
anty. General warrants issued in blank, without names or 
other specifications of the place, etc., to be searched, but giv- 
ing the officer unlimited authority to search and seize at dis- 
cretion, are illegal and a gross abuse. The protection extends 
not only to one's dwelling-house, but also to his person, his 
baggage, his sealed mail in the post-office, and to his effects gener- 
ally. None of these can be searched without a proper warrant. 



LIBERTY AND CIVIL RIGHTS 151 

139. Due Process of Law. — In the Fifth Amendment it is 
provided that no person shall "be deprived of life, liberty, or 
property, without due process of law." This applies to the 
federal government only. The Fourteenth Amendment pro- 
vides that "nor shall any state deprive any person of life, lib- 
erty, or property, without due process of law." Thus the in- 
dividual, whether citizen or alien, is protected against being 
unlawfully deprived by either government of his life, liberty, 
or property. This is one of the most ancient of the guaranties 
of English liberty. Its principle is found in the provision of 
the Magna Charta (A. D. 1215) that: "No free man shall be 
taken, or imprisoned, or disseized, or outlawed, or exiled, or 
an3^ways destroyed, nor will we go upon him, nor will we send 
upon him, unless by the lawful judgment of his peers, or by 
the law of the land." 

The guaranty is a very broad one. It means that the gov- 
ernment must give a person a "square deal"; that the laws 
must operate equally upon all, and that no one shall be dealt 
with by the government in an arbitrary, unreasonable, or un- 
just manner, but only in accordance with established prin- 
ciples of law and justice. In the words of the Supreme Court: 
"Due process of law, within the meaning of the amendment, 
is secured if the laws operate on all alike, and do not subject 
the individual to an arbitrary exercise of the powers of gov- 
ernment." 

As applied to legislation, the due process clause means that 
the statute must be reasonable and not a mere arbitrary or 
unnecessary exercise of power, and that it shall operate alike 
upon all who come within its scope. Statutes may be passed 
for the good of the public which may interfere with the free- 
dom of the individual ; he may be forbidden to do things which 
he may wish to do, or required to do things which he does not 
wish to do. Under the due process clause, all such laws, to be 
valid, must be reasonably necessary for the public good. If 
they are of real advantage to the public, they are valid, 
although they may interfere with what the individual con- 



152 GOVERNMENT AND THE PEOPLE 

siders his rights; but any arbitrary or unreasonable interfer- 
ence with the freedom of individuals without corresponding 
benefit to the public, is unconstitutional as being a deprivation 
of life, liberty, or property without due process of law. 

As applied to judicial 'proceedings, that is, to the trial of 
civil and criminal cases, due process requires (1) that the court 
or other tribunal shall have jurisdiction of the case, and (2) 
that there shall be notice and opportunity for a fair hearing 
given to the parties. If these two conditions are satisfied, the 
mere forms of procedure are immaterial. If the party has his 
"day in court," with an opportunity to present his cause or 
defense, and the case is fairly tried and decided, the require- 
ments of due process are satisfied. 

140. Life, Liberty, and Property. — The terms "life, liberty, 
and property," used in the due process clause, include every 
right of an individual which can come within the range of law. 
The term "life" needs no definition; the guaranty, however, 
extends to the protection of the individual in the full enjoy- 
ment of his body without injury, mutilation, or dismember- 
ment. In a general sense, the term "liberty" means freedom 
from restraint. According to John Locke, "the natural liberty 
of man is to be free from any superior power on earth, and not 
to be under the will or legislative authority of man, but to have 
only the law of nature for his rule." Such natural liberty exists 
nowhere on earth. Only a Robinson Crusoe, living alone, could 
have this kind of liberty. 

Civil liberty, or the liberty of an individual living among 
other individuals, is a very different thing from natural lib- 
erty. Civil Hberty is freedom from all restraints except those 
imposed by law. Complete civil liberty includes religious free- 
dom. It does not include political liberty, which is the free- 
dom of the people to govern themselves, the term properly 
applying to the people as a whole, rather than to individuals. 
Political rights, so called, or privileges, such as the right to 
vote, or to hold office, or to serve on juries — in short, the right 
to take part in the government, are not included in the term 
"Hberty" in the constitutional guaranty. 



LIBERTY AND CIVIL RIGHTS 153 

The constitutional conception of liberty is based upon the 
principle that all persons are equal before the law, and that, 
therefore, the liberty of every individual is limited by the equal 
liberty of all other individuals. One man's liberty ends where 
another man's libert>^ l)egins. True liberty can exist only under 
the reign of law, which defines and maintains the boundaries 
of each man's freedom with reference to that of his neighbor. 
In the words of the Supreme Court: "The possession and en- 
joyment of all rights are subject to such reasonable conditions 
as may be deemed by the governing authority of the country 
essential to the safety, health, peace, good order, and morals 
of the community. Even liberty itself, the greatest of all rights, 
is not unrestricted license to act according to one's own will. 
It is only freedom from restraint under conditions essential 
to the equal enjoyment of the same right by others. It is lib- 
erty regulated by law." 

The term "proi^erty," as used in the guaranty, includes 
everything which one can own, such as land, with buildings or 
other improvements on it, and all kinds of personal property, 
with the right to acquire, use, enjoy, hold, and dispose of such 
property. The right to contract or to labor may be regarded 
either as property or as a part of one's liberty; in this and in 
some other respects, the terms liberty and property overlap. 

141. Equal Protection of the Laws — Class Legislation. — In 
the Fourteenth Amendment, in close connection with the due 
process clause, is the provision that the state shall not "deny 
to any person within its jurisdiction the equal protection of 
the laws." This clause embodies the fundamental American 
principle that all men are equal before the law, and that the 
government shall be administered for the benefit of all the 
people and not in the interest of any particular class or fac- 
tion. The guaranty extends to anj^ person within the juris- 
diction of the state, whether citizen or alien, natural person 
or corporation. 

Equal jjrotection of the laws means subjection to equal laws, 
applying alike to all persons in the same situation. The guar- 



154 GOVERNMENT AND THE PEOPLE 

anty was intended to prevent any person or class of persons 
from being singled out as a special subject for discriminating 
and hostile legislation. It does not, however, forbid special 
legislation with reference to particular classes of persons or 
particular occupations or industries which may need special 
protection or regulation. The Constitution nowhere forbids 
class legislation, but under the equal protection clause class 
legislation, to be valid, must satisfy two requirements: (1) the 
classification must not be arbitrary, but must be based upon 
some reasonable principle; and (2) all the members of the same 
class must be treated alike. 

Many cases have come before the Supreme Court involving 
the application of this guaranty, and statutes affecting par- 
ticular classes have been sustained whenever reasonable. A 
state, in its legislation, may discriminate between females and 
males, or between minors and adults, or between the sane and 
the insane, or between different occupations or industries, or, 
in general, wherever there are differences in the nature, cir- 
cumstances, or needs of the subjects of the legislation justify- 
ing differences in regulation. A law regulating the hours of 
labor in dangerous calKngs, or of women or children, without 
regulating the hours of labor in all occupations or of all workers, 
is class legislation, but is nevertheless valid if reasonable. So, 
also, a law requiring railway companies to provide equal but 
separate accommodations for white and colored passengers is 
valid; equal protection does not require that the accomrnoda- 
tions shall be the same, but only that they shall be equal. But 
a law providing for sleeping or dining cars for the exclusive 
use of whites, without making similar provision for colored 
persons, is a denial of equal protection, although the number 
of negroes applying for such accommodations may be small. 
The exclusion of negroes from service on juries is a denial of 
equal protection, though it seems that the exclusion of women, 
is not. The Supreme Court has recently held that a municipal 
segregation ordinance providing for the separation of the races 
in the residential portions of the city is void, although it ap- 



LIBERTY AND CIVIL RIGHTS 155 

plies to both white and colored races alike. Such a require- 
ment is an unreasonable interference with the right of any 
person to hold property. 

The prohibition is directed against action by the state only, 
the provision being that the state shall not deny equal protec- 
tion: it is not intended to prevent discrimination by in- 
dividuals. There is nothing in the federal Constitution or laws 
prohibiting discrimination by individuals, such as hotel-keepers, 
theatre proprietors, common carriers, etc. 

142. Protection to Contracts. — The Constitution provides 
that, "No state shall . . . pass any . . . law impairing the 
obhgation of contracts." The security of contract obligations 
is absolutely essential to commercial prosperity. If a person 
cannot be made to live up to his contracts or pay his just debts, 
business is in a bad way. The object of this guaranty is to 
prevent the states from passing laws permitting the repudia- 
tion of contracts and debts. At the time of the adoption of 
the Constitution such laws, passed in the interest of debtors, 
were common, and as a result business was thoroughly dis- 
organized in some sections of the country and commercial dis- 
honesty was prevalent. The constitutional guaranty put an 
end to this. Probably no constitutional provision, with the 
possible exception of the commerce clause, has done more for 
the commercial prosperity of the country. The prohibition 
applies to the states only; the Constitution does not prohibit 
the impairment of contracts by Congress, but to some extent 
the due process clause may operate as a restraint upon Con- 
gress. 

The contract clause protects the contracts of any parties 
whatsoever, whether individuals, private corporations, munic- 
ipal corporations, or the state itself. The state can no more 
repudiate its own contracts than it may permit individuals 
to do so. Under this clause any state law which destroys or 
makes unenforceable an existing contract is void. A state can- 
not repudiate its bonds lawfully issued, nor recall grants of 
land to individuals, nor can a city council revoke a valid fran- 



156 GOVERNMENT AND THE PEOPLE 

chise granted to a corporation. A charter granted by a state 
to a private corporation is a contract within the meaning of 
this clause, and the state cannot alter or repeal such charter 
without the consent of the corporation, unless the right to do 
so has been expressly reserved. In order to protect itself the 
state now usually reserves the right to alter or repeal charters 
granted by it. When this is done the state may afterward 
amend or repeal the charter without violating the contract 
clause. 

143. Protection to Property — Eminent Domain. — There is 
no greater incentive to industry and thrift than the desire and 
opportunity to acquire and hold property. Unless a man is 
assured that he will be permitted to get and keep what he earns 
and saves, it is useless to expect him to do more than is neces- 
sary to keep himself alive. The right of private property lies 
at the foundation of all individual and national prosperity. 
This great fact is fully recognized by American constitutions. 
Ample safeguards are provided to protect this right. The pro- 
vision that no person shall be deprived of his property without 
due process of law secures the individual from having his prop- 
erty arbitrarily or illegally taken away from him. This pro- 
tects him from being despoiled of his property by the govern- 
ment itself, while the criminal laws protect him from being 
robbed or cheated by private individuals. 

But even the right of private ownership must yield at times 
to the exercise by the government of the power of eminent 
domain. This is the right of the government to condemn 
and appropriate private property for public use. Only through 
the protection afforded by the government is it made possible 
for the individual to enjoy life and property in peace and secur- 
it3^ It is but just, therefore, that his property should be avail- 
able for the public use when needed. But under the pro- 
visions of the constitutions of the United States and of the 
several states, private property cannot be taken for public use 
without just compensation. 

The power of eminent domain is confined to the taking of 



LIBERTY AND CIVIL RIGHTS 157 

property for public use; neither with nor without compensa- 
tion may the government condemn private property for private 
use. No one may be compelled against his will to surrender 
his i^roperty for the private use of another person, however 
much the latter may be willing to pay for it. The condemna- 
tion of property for public roads or streets, sites for public 
buildings, bridges, ferries, water-works, lighting and power 
plants, railroads, telegraph and telephone lines, canals, irriga- 
tion and drainage systems, public cemeteries and parks, and 
the like, are familiar instances of condemnation for public 
use. 

The power of eminent domain may be exercised by the gov- 
ernment itself, or it may be delegated by the government to 
private corporations or individuals. If private property is de- 
sired for public use, an effort will be made to buy it, but if the 
owner is not willing to sell at a satisfactory price, condemna- 
tion proceedings are brought in court and commissioners are 
appointed to fix a fair price for the property, which the owner 
will be required to accept. 

144. Th2 Writ of Habeas Corpus. — The Constitution pro- 
vides that: "The privilege of the writ of habeas corpus shall not 
te suspended, unless when, in cases of rebellion or invasion, the 
public safety may require it." This applies to the federal gov- 
ernment, but the writ is also secured by state constitutions 
or laws against denial by the state governments. For a time 
the privilege of the writ was suspended by the federal govern- 
ment during the Civil War in some parts of the country. 

No more important safeguard for personal liberty is known 
to our law than the writ of habeas corpus. This is a writ or 
order issued by a court or judge directed to a person detaining 
another person in his custody, commanding him to produce 
the body of the person so detained before the court or judge 
so that the lawfulness of such detention may be inquired into. 
Anciently the writ was in Latin and its name came from 
two words, habeas corpus ("have the body" of the person 
detained), which occurred in the writ. When the prisoner is 



158 GOVERNMENT AND THE PEOPLE 

produced, if the detention is found to be lawful, he is returned 
to custody, but if he is found to be unlawfully held, he is set 
at liberty. The writ of habeas corpus is the great remedy for 
all unlawful imprisonment or detention of the person, whether 
the detention be by a public officer or by a private person. It 
applies whether the person is detained on a criminal charge or 
for any other reason. It prevents arbitrary imprisonment 
without trial or any unlawful detention of one person by an- 
other. 

145. Trial by Jury. — The right to a jury trial is guaranteed 
by the federal and state Constitutions. The Seventh Amend- 
ment of the federal Constitution secures the right to jury trial in 
civil suits at common law where the value in controversy ex- 
ceeds twenty dollars. In criminal prosecutions the right to a 
speedy and public trial by an impartial jury is guaranteed by 
the Third Article and the Sixth Amendment. The jury contem- 
plated by the Constitution is the common-law jury of twelve, 
rendering a unanimous verdict. 

These provisions apply only to trials in the federal courts. 
The federal Constitution does not in terms require a jury trial 
in state courts. The Fourteenth Amendment provides that 
no state shall "deprive any person of life, liberty, or property, 
without due process of law," but this does not necessarily re- 
quire a jury trial in all cases. Jury trial is, however, preserved 
in all the states by state law. But some changes have been 
made. In some states a jury may consist of less than twelve 
persons, and sometimes the verdict is not required to be unan- 
imous. A person entitled to demand a jury trial may waive 
his right in a civil case, but so great is the importance attached 
to the jury in criminal trials that the right to a jury trial can- 
not be waived by the accused. 

A jury is a body of laymen (not lawyers or judges), at com- 
mon law twelve in number, selected by lot, to ascertain, under 
the guidance of the judge, the truth in questions of fact arising 
in a civil or criminal trial. Upon the facts as found by them- 
selves from the evidence, and under the instructions of the 



LIBERTY AND CIVIL RIGHTS 



159 



judge as to the law applicable to the case, they render a ver- 
dict, either for the plaintiff or for the defendant in a civil case, 
or of guilty or not guilty in a criminal prosecution. The right 
to trial by jury was one of the great rights secured by the 
Magna Charta. While the jury is used in civil as well as in 




A COURT ROOM. 

The judge is shown sedated at the high desk below the picture of Justice. On his 
left is the court clerk, on his right a witness on the witness-stand. Next to the 
witness is the court stenographer. The group seated before the judge are the 
counsel on both sides of the case. In a criminal case the defendant also sits 
at this table. The men on the left of the picture seated in two rows are jurors 
in the jury box. 



criminal trials, it is regarded as especially important to the 
accused in criminal cases. 

The selection of an impartial jury is a matter of the greatest 
importance, especially when one is on trial for his life. The 
qualifications of jurors are prescribed by law. There are many 
exemptions allowed, so much so that some of the best and most 
intelligent citizens are never called upon for jury service. 
Women are eligible as jurors in some states. The trial jury is 
sometimes known as the petit or petty jury, to distinguish it 



160 GOVERNMENT AND THE PEOPLE 

from the larger or grand jury by which persons accused of crime 
are presented for trial. 

146. Guaranties in Criminal Cases. — Nothing more clearly 
exhibits the brutality of some of the older governments of the 
world than their treatment of criminals and persons accused 
of crime. History abounds in accounts of persons, both inno- 
cent and guilty, who have been thrown into vile prisons and 
left without any kind of trial until they died of starvation, 
torture, or disease, or, if released, came from their cells mental 
and physical wrecks. Even when a trial was afforded, it was 
often a mockery of justice, and conviction was usually followed 
by cruel and barbarous punishments even for minor offenses. 
In many cases persons unacceptable to the government were 
thrown into prison without even the pretense of a criminal 
charge against them. 

None of these horrors are legally possible in this country. 
Extraordinary protection is afforded to persons accused of 
crime. The federal Constitution contains a number of specific 
guaranties, which are supplemented by similar or additional 
guaranties in the state constitutions. These guaranties extend 
not only to citizens but to all persons whatsoever in the coun- 
try. They will be explained in the next three sections. 

147. Bills of Attainder and Ex Post Facto Laws. — The Con- 
stitution prohibits both Congress and the states from pass- 
ing bills of attainder and ex post facto laws. A hill of attainder 
is an act of the legislature inflicting punishment without a judi- 
cial trial, either by condemning a person to death, or otherwise 
punishing him, or by confiscating his property, or both. Such 
bills were once commonly resorted to in England, either because 
the accused party was out of reach, or because the evidence 
of his guilt was not sufficient to convict him on a fair trial, or 
because the offense with which he was charged was not by law 
a crime. Sometimes the object of a bill of attainder was to get 
rid of a person obnoxious to the government. Bills of attainder 
were passed during the Revolution by some of the states against 
Americans who remained loyal to the British crown. Such 
bills are plainly highly tyrannous. 



LIBERTY AND CIVIL RICiHTS 1()1 

An ex post facto law is a law which makes an act a crime 
which was not such when done, or which increases the punish- 
ment of a crime or changes the rules of evidence or procedure 
to the disadvantage of the accused, after the crime was com- 
mitted. A mere change in the punishment, provided it be not 
made more severe, is not within the prohibition. Thus a law 
changing the punishment for murder from death to life im- 
prisonment, or the form of execution from hanging to electro- 
cution, is not an ex post facto law in the constitutional sense, 
though applied to a crime committed before the law was passed. 

148. Treason. — Treason is the violation of one's allegiance 
to his sovereign or government. It has been declared to be 
the highest crime known to the law. Chief Justice Marshall 
said "there is no crime which can more excite and agitate the 
passions of men than treason." As defined in English law, 
the crime of treason includes a number of different acts, and 
formerly included what is known as ''constructive treason," 
comprising acts which, though without treasonable intent, 
were punished upon a pretext that they were in law equivalent 
to actual treason. Innocent persons were sometimes put to 
death on charges of constructive treason. The punishment 
for treason was also most severe. At common law the sen- 
tence was that the guilty person be drawn to the place of exe- 
cution, first on the ground, then on a hurdle or sledge; then 
hanged and cut down alive; his entrails taken out and burned 
before his face ; his head cut off and his body divided into quar- 
ters. Thus he was ''hung, drawn, and quartered." 

No such barbarity is possible under the Constitution. It 
is provided that: "Treason against the United States shall 
consist only in levying war against them, or in adhering to 
their enemies, giving them aid and comfort. No person shall 
be convicted of treason unless on the testimony of two wit- 
nesses to the same overt act, or on confession in open court. 
The Congress shall have power to declare the punishment of 
treason, but no attainder of treason shall work corruption of 
blood, or forfeiture except during the life of the person at- 



162 GOVERNMENT AND THE PEOPLE 

tainted." Congress has fixed the punishment of treason at 
death, or fine and imprisonment. 

149. Criminal Proceedings. — The Fifth Amendment to the 
Constitution provides that: "No person shall be held to answer 
for a capital or otherwise infamous crime, unless on a present- 
ment or indictment of a grand jury, except in cases arising in 
the land or naval forces, or in the militia, when in actual ser- 
vice in time of war or public danger; nor shall any person be 
subject for the same offense to be twice put in jeopardy of life 
or limb; nor shall be compelled in any criminal case to be a 
witness against himself, nor be deprived of life, liberty, or prop- 
erty, without due process of law; nor shall private property be 
taken for public use without just compensation." The Sixth 
Amendment provides that: "In all criminal prosecutions, the 
accused shall enjoy the right to a speedy and public trial, by 
an impartial jury of the state and district wherein the crime 
shall have been committed, which district shall have been pre- 
viously ascertained by law, and to be informed of the nature 
and cause of the accusation; to be confronted with the wit- 
nesses against him; to have compulsory- process for obtaining 
witnesses in his favor, and to have the assistance of counsel 
for his defense." The right to a jury trial in criminal cases is 
also secured by Article III of the Constitution. 

These provisions secure to the accused certain important 
rights which at times have been denied in criminal prosecutions. 
An infamous crime is one punished by an infamous punish- 
ment, such as death or imprisonment in the penitentiary. A 
grand jury, so called to distinguish it from the trial or petit 
jury, is a body of citizens summoned to consider evidence 
against persons accused of crime in order to determine whether 
they shall be brought to trial. At common law a grand jury 
consists of not less than twelve nor more than twenty-thi'ee 
men, at least twelve of whom must unite in a presentment or 
indictment. 

A presentment is an accusation of an offense made bj^ a 
grand jur\^ without anj^ indictment laid before them. An in- 



LIliERTV AND CIVIL RIGHTS 163 

dictment is a formal written charge of an offense prepared by 
the prosecuting attorney and submitted to the grand jury by 
him. If they think the evidence warrants it, the jury presents 
the indictment as a "true bill"; but if the evidence is insuf- 
ficient, the matter is dropped. In case of presentment without 
indictment, an indictment must be drawn before the accused 
can be tried. The indictment is very important, for it informs 
the accused of the nature of the charge against him, and thus 
enables him to prepare for trial, and also identifies the charge 
and protects him against a second trial on the same charge. 

The provision against being twice put in jeopardy means 
that one shall not be tried a second time for the same offense 
after having once been tried and acquitted. A second trial 
may be had, however, where the first trial was not completed, 
as where the jury failed to agree, or where the appellate court 
has reversed the judgment of the trial court and ordered a new 
trial. An accused may be convicted upon his own confession 
of guilt freely and voluntarily made. A plea of guilty, regularly 
entered, is a judicial confession, and warrants sentence. But 
while a person may be convicted upon his own voluntary con- 
fession, he may not be compelled in a criminal case to testify 
against himself. 

The Eighth Amendment provides that: "Excessive bail shall 
not be required, nor cruel and unusual punishments inflicted." 
It is customary where persons are arrested for all but the most 
serious offenses to release them upon their giving bond with 
good security for their appearance when wanted for trial. 
If he does not so appear, or "jumps bail," the amount of the 
bond is collected. Since the object of giving bail is to enable the 
accused to obtain his release pending his trial, the amount of 
bail must not be fixed so high that he cannot give bond. 

Punishments under the common law and under the English 
statutes in force in Blackstone's time were very severe. About 
160 offenses, many of them of a trifling character, were punisli- 
able with death. Little or no account was taken of extenuat- 
ing circumstances. In earlier times the most barbarous Dunish- 



164 GOVERNMENT AND THE PEOPLE 

ments were inflicted, such as drawing and quartering, burning 
alive, mutilating, and branding. These, as well as ruinous 
fines, are prohibited by the Eighth Amendment. 

The above provisions apply only to proceedings in the 
federal courts, though similar provisions are found in state 
constitutions. Some modifications have been made in state 
practice. In some states proceeding by information presented 
by the prosecuting attorney is permitted in place of indict- 
ment by the grand jury. So long as the essential elements of a 
fair trial are preserved there is no denial of "due process." 



Questions 

1. What is a Bill of Rights? Make a list of the guaranties of personal 
rights found in the federal Constitution and its amendments applying 
to the federal government. Make a similar list of those applying to the 
state governments. To which government do the guaranties in the first 
nine amendments apply? Do the guaranties apply to aliens or only to 
citizens ? 

2. Some persons claim that we have outgrown the federal Constitu- 
tion, and that the people of the twentieth century should not be bound by 
a. constitution framed by men of the eighteenth century. Which of the 
ancient guaranties in the Constitution do you think we ought to cut out? 

3. What guaranty secures equality? Religious liberty? What is the 
difference between religious toleration and religious liberty? Do the 
exemption of church property from taxation or the prohibition of work 
on Sunday amount to an establishment of religion? Could the legisla- 
ture rightly and constitutionally prohibit playing golf or baseball on Sun- 
day as recreation? How about professional baseball or moving-picture 
shows ? 

4. What guaranty secures freedom of speech and of the press? What 
effect might the suppression of such freedom have on democracy? Sup- 
pose one publishes in a newspaper that the President is unfit for office and 
should be removed by impeachment, and, under a law so providing, he is 
punished therefor. Would this be abridging the freedom of the press? 
How about a law forbidding the publication of any article advising the 
disobedience to a law on the ground that such law is unjust? A man 
got up in a church in New York and interrupted the service by making a 
speech. He -was imprisoned for disturbing a religious meeting, and he 
claimed that he was denied freedom of speech. Was he right? 

5. Suppose Congress were to pass laws forbidding any one to present 



LIBERTY AND CIVIL RIGHTS 165 

a petition to Congress urging the amendment of the Constitution so as to 
allow slavery in this country, and also forbidding public meetings for the 
purpose of arousing sentiment in favor of such amendment; would the law 
be constitutional? 

6. Would an act of Congress forbidding the carrying of concealed 
weapons in the District of Columbia be constitutional? 

7. Would an act of Congress providing that whenever a federal pro- 
hibition officer thought that any person was operating a whiskey-still in 
his home he might enter the house to look for the still be constitutional? 

8. What is "due process of law"? How many times does the expres- 
sion occur in the federal Constitution ? Would a state law providing that 
no one could engage in farming unless he had first stood an examination 
on farming and received a license from a state examining board be con- 
stitutional? How about a law requiring physicians to be so licensed? 
Would a law authorizing a prohibition officer, upon catching a bootlegger 
in the act of selling liquor, to fine him on the spot be constitutional?- 

9. What is civil liberty? Political liberty? What is class legislation? 
Is class legislation prohibited by the Constitution? Would a law defining 
a day's work for women to be eight hours and for men to be ten hours be 
class legislation? Would such a law be valid? 

10. K a state grants a charter to a bank to run for twenty years, and 
does not reserve the right to repeal the charter, may it lawfully be repealed 
after ten years? How if the right to repeal is expressly reserved? 

11. If the state needs a certain plat of ground as a site for a court 
house, but the owner will not sell, under what power and upon what 
conditions may the state obtain the property? 

12. Name some of the uses of the writ of habeas corpus. How many 
jurors constitute a jury at common law? Would an act of Congress pro- 
viding that in civil cases trial in federal courts may be with a jury of nine 
and that seven may find a verdict be valid? 

13. What is a bill of attainder? An ex post facto law? What is 
treason against the United States? Name some of the guaranties for the 
protection of persons accused of crime. 



CHAPTER XVI 
CITIZENSHIP 

150. Citizenship in General. — A citizen of a country is a 
member of the nation, owing allegiance to and entitled to the 
protection of its government. In this country there is a dual 
citizenship, one is both a citizen of the United States and a 
citizen of the state; but, since the federal and state govern- 
ments operate in different spheres, there is no conflict in the 
rights and duties belonging to the two citizenships. A person 
may be born a citizen or he may become a citizen by natural- 
ization. 

The Fourteenth Amendment to the Constitution provides 
that: "All persons born or naturalized in the United States, 
and subject to the jurisdiction thereof, are citizens of the United 
States and of the state wherein they reside." Under this pro- 
vision any person born in the United States is a citizen, whether 
the parents are citizens or aliens, unless not subject to the 
jurisdiction of the United States. The exception applies to 
Indians maintaining tribal relations and persons who, under 
the rules of international law, are not subject to local juris- 
diction, for example, members of foreign diplomatic legations. 

The above provision does not include all cases of citizenship. 
Children of citizens of the United States who are born abroad 
are also citizens of the United States, and minor children of 
ahens, born without the United States, become citizens upon 
the naturalization of their father. Husband and wife should, 
of course, be citizens of the same country, and Congress has 
provided (1922) that the right of any woman to become a 
naturalized citizen shall not be denied because of sex, or be- 
cause of marriage. An American-born woman retains her 
citizenship when she marries an aHen (provided he is eligible 

166 



CITIZENSHIP 167 

for citizenship). An act of Congress provides for expatriation, 
or renunciation of citizenship by American citizens, except 
when this country is at war. 

151. Naturalization. — Naturalization is the act or process 
by which an aUen is made a citizen. The Constitution gives to 
Congress power "to estabhsh an uniform rule of naturaliza- 
tion." The first naturalization law was passed in 1790, since 
which time there has always been a naturalization law in force. 
The policy of the government has been liberal toward the 
naturalization of foreigners. There are, however, some re- 
strictions. As a matter of course no one can be naturalized who 
cannot enter this country under the immigration laws. Re- 
strictions on immigration thus operate as restrictions on natu- 
ralization. By an act of 1882, still in force, Chinese may not be 
naturalized, and by an act of 1906 it is provided that no an- 
archist or polygamist shall be naturahzed, nor any person unable 
to speak the English language. The requirement that the pe- 
titioner shall sign his petition for admission in his own hand- 
writing limits naturalization to persons who can sign their 
names. 

The general administration of the naturalization laws is in 
charge of the Bureau of Naturalization, which is a branch of 
the Department of Labor. Jurisdiction to naturalize aliens is 
conferred upon the United States district courts, the supreme 
court of the District of Columbia, and state courts of record of 
general jurisdiction. An alien must have resided in this coun- 
try for five years before he may be naturalized. There are three 
steps in naturalization proceedings: (1) at least two years before 
admission as a citizen the applicant must declare on oath before 
the court his intention to become a citizen of the United States ; 
(2) not less than two nor more than seven years after his dec- 
laration of intention he must file a petition setting forth par- 
ticulars showing him to be qualified under the law for admis- 
sion; (3) he must declare on oath in open court that he will sup- 
port the Constitution and laws of the United States and bear 
true allegiance to the United States, and that he renounces his 



168 



GOVERNMENT AND THE PEOPLE 



former allegiance. A foreign-born woman may no longer be- 
come a citizen through marriage, but must herself be natural- 
ized. 

The naturalization laws apply only to individuals, but groups 




© Ewing Galloway. 

APPLICANTS FOR FIRST CITIZENSHIP PAPERS. 



or large bodies of persons may be admitted to citizenship by 
one comprehensive act. This is called collective naturaKzation. 
Thus by the treaty with Mexico in 1848 Mexicans remaining in 
the territory ceded to the United States were declared to be 
citizens of the United States, and by the joint resolution of 
Congress in 1845, admitting the republic of Texas into the 
Union, its citizens were made citizens of the United States. 
And by act of Congress United States citizenship was conferred 



CITIZENSHIP 169 

iifwn the citizens of Hawaii in 1900, and upon the citizens of 
Potto Rico in 1917. Also Congress has from time to time pro- 
A'idcd for the admission of groups or classes of Indians as 
citizens. 

152. Privileges and Immunities of Citizens.--The Consti- 
tution provides that: "The citizens of each state shall be en- 
titled to all privileges and immunities of citizens in the several 
states." The main object of this provision is to prevent the 
states from making discriminations in favor of their own citi- 
zens against the citizens of other states. It means that in re- 
spect to all rights which belong to citizens of the state as such 
each state must treat citizens of other states exactly as it treats 
its own citizens. A citizen of New York, for example, while in 
Ohio, is entitled to all the rights of a citizen of Ohio. He may- 
engage in business, make contracts, buy, sell, and own property, 
and sue and be sued in the courts, upon precisely the same 
terms as a citizen of Ohio. At the same time he must, of course, 
observe the laws of Ohio. He is not entitled to political privi- 
leges in Ohio, such as the right to vote, or to hold office, or to 
serve on a jury. He is entitled only to the rights which telong 
to citizens of the state because of their citizenship alone, such 
as every citizen has regardless of age, sex, or anything l)ut citi- 
zenship. The right to vote is not a privilege of citizenship, but 
in addition to citizenship requires other qualifications. A state 
does not permit all of its own citizens to vote, hold office, or 
serve on juries, but only those which have the prescribed quali- 
fications. And these privileges it may restrict to its own 
citizens. 

A citizen of the United States has, as such, certain "privi- 
leges and immunities" which are entirely distinct from the 
"privileges and immunities" which he has as a citizen of the 
state. These are protected from hostile state action by the 
provision of the Fourteenth Amendment that: "No state shall 
make or enforce any law which shall abridge the privileges and 
immunities of citizens of the United States." No complete 
list of these rights has ever been made, but among the privi- 



170 GOVERNMENT AND THE PEOPLE 

leges and immunities belonging to federal citizenship which 
have been recognized by the Supreme Court are: the right to 
come to the seat of the government (Washington) on any proper 
business; to petition the federal government for relief; to as- 
semble in a proper manner for the discussion of national affairs; 
to engage in interstate and foreign commerce; to use the navi- 
gable waters of the United States and to have access to its sea- 
ports; to claim the protection of the federal government when 
on the high seas or in foreign lands; to pass freely through the 
country from one state to another; and the right to return to 
the United States from abroad. 

Questions 

1. What is a citizen of a country ? In what two ways may one become 
a citizen? What is meant by the "dual citizenship" of the people of the 
United States? Who are citizens of the United States? Who are citizens 
of your own state? What is the effect of a woman's marriage on her 
citizenship ? 

2. Wliat is naturalization? By what body are naturalization laws 
passed? What government agency administers the naturalization laws? 
What are the three steps in naturalization proceedings? What effect 
does the naturalization of an alien have upon the citizenship of his wife 
and minor children? What is "collective naturalization"? 

3. What are some of the privileges and immunities of a citizen of a 
state? Would a state law be valid which provides that only citizens of 
the state may own land, sue, or vote in the state? 

4. What are some of the privileges and immunities of a citizen of the 
United States? A child of Chinese parents was born in the United States; 
he made a visit to China, but on his return to this country the federal 
authorities attempted to exclude him under the statute which prohibits 
Chinese from entering this country. Did they have the right to do so? 
May a state prevent a citizen of the United States from entering or pass- 
ing through the state? 



CHAPTER XVII 
SUFFRAGE AND ELECTIONS 

153. In General. — Popular ^overnmont cannot run itself. 
Government by the people can exist onl,y where the people are 
willing to make the necessary sacrifices of time and ti-oul)le to 
keep it going. Citizenship in a democracy has its duties as 
well as its rights, and one cannot justly insist upon his rights 
unless he is willing to perform his duties. One of the rights of 
citizens is the so-called right to vote. But the ballot is of value 
only in so far as it is used as a means of obtaining or preserving 
good government, and upon the use made of it largely depend 
the liberty and happiness of the people. The possession of the 
ballot, therefore, places every holder under a solemn obliga- 
tion to qualify himself or herself to use it well. This one can 
do only by paying serious attention to public affairs. 

Unfortunately in this country there is a very general neglect 
on the part of voters of their civic duties. Many of them really 
care little or nothing foi- the right to vote. They voluntarily 
disfranchise themselves by failing to go to the polls. To the 
extent that the citizens fail to take part in public affairs, de- 
mocracy must be pronounced a failure. However, the indiffer- 
ence of the average citizen toward elections is probably due not 
so much to his lack of interest in political affairs as to his 
realization of the impossibility of keeping in touch with them 
without practically making a ]:)usiness of it. The frequency of 
elections, and the great number of candidates and issues pre- 
sented often make intelligent voting impossible. In many cases 
the voter cannot afford the time required to qualify himself to 
cast an intelligent vote, and in such circumstances he naturally 
feels little interest in the subject. Rut the American citizen is 
genei-ally interestetl in public affairs, and shows this interest at 
the polls when the issues are simple and important. As will be 

171 



172 GOVERNMENT AND THE PEOPLE 

pointed out in the next chapter, the remedy for the indifference 
of the voter is to simplify elections so that he can vote intelli- 
gently.* 

The right to vote is a privilege granted bj^ the state and not 
by the United States. Even the elective federal officers are 
chosen by state voters, whose qualifications are determined 
by the states. The Constitution of the United States does not 
confer the right to vote on any one, though it provides that the 
right to vote shall not be denied on account of race or sex. 
The state constitutions define the qualifications of voters, and 
state laws make elaborate provision for elections. 

The times of holding elections are fixed by law, but Congress 
has power to alter any regulations made bj^ the state for holding 
elections for members of Congress. National elections are held 
in November, and elections for general state officers are usually 
held on the same day. Local or municipal elections are com- 
monly held at different times from the general elections. 
This is a wise arrangement, for the issues involved in local 
elections are usually different from those involved in general 
elections, and confusion is avoided by holding the elections at 
different times. 

154. Qualifications for Suffrage. — It has never been con- 
sidered essential in a democracy that every one should have the 
right to vote. Suffrage is not a privilege of citizenship as such, 
and everywhere many citizens are denied this right. Children, 
for example, are citizens, but they may not vote. The qualifica- 
tions for suffrage vary in the different states. The suffrage is 
now much more liberally bestowed than in the early days of the 
republic. At the time of the adoption of the Constitution the 
ownership of a certain amount of property, or the pajmient of a 

* President A. D. White, of Cornell University, tells of a professor in the 
university, a native of Porto Rico, that "ho was wont to marvel at the 
indifference of the average American to his privileges and duties, and 
especially at the lack of a proper estimate of his function at elections. I 
have heard him say: 'When I vote, I put on my best clothes and my top 
hat, go to the polls, salute the officers, take off my hat, and east my bal- 
lot.' " — "Autobiography," vol. I, p. 366. 



SUFFRAGE AND ELECTIONS 173 

certidn amount in taxes, was a prerequisite in most if not all of 
the states. "For many years the prevaihng rule throughout tho 
United States has been universal manhood suffrage, that is, 
evei-y adult male has or may acquire the right to vote. The 
adoption of the Nineteenth Amendment in 1920 extended the 
suffrage to women on the same terms as males. In a number of 
states they had already been given full or partial suffrage. The 
usual requirements for the suffrage are as follows: 

(1) Age. — In every state the voter must be not less than 
twenty-one years of age. 

(2) Citizenship. — In most of the states the voter must be a 
citizen of the United States, but in a few states aliens who have 
declared their intention to become citizens may vote. 

(3) Residence. — The voter must reside in the state, and usu- 
ally he must have resided in the state for a prescribed period, 
and in the election district for a shorter period. 

(4) Education. — In some states the voter must possess some 
slight educational qualifications, such as the ability to read 
and write. 

(5) Payment of Taxes. — In a number of states the voter 
must have paid certain taxes, for example, a poll tax. 

(6) Registration. — In many states the voter is required to 
register a certain length of time before the election, and no one 
is permitted to vote whose name does not appear on the list of 
quahfied voters. This requirement protects against fraudulent 
voters. 

Disqualifications. — Usually certain classes of persons are 
denied the right to vote. Among these are idiots, insane per- 
sons, persons under guardianship, paupers, felons, persons con- 
victed of treason or bribery, and duelists. 

155. Nominations and Ebctions. — Elections are held for 
various purposes, but usually for the choice of public officers. 
"The administration of government consists in getting proper 
men." So spoke Confucius. The form of the government and 



174 GOVERNMENT AND THE PEOPLE 

the kind of laws are less important than that the government 
shall be well administered. This requires the selection of good 
men to administer it. The essence of democracy consists in the 
power of the people to choose their own lawmakers and public 
officers. The people cannot make and administer their own laws. 
All they can do satisfactorily is to choose the men to carry on 
the government for them, and sometimes to instruct their rep- 
resentatives as to what they want done. Thus the people 
may decide at the polls whether they want good roads built 
and whether taxes shall be increased to pay for them, but they 
cannot themselves build the roads or frame a tax law to raise 
the money. These functions they must turn over to their 
public officials. 

The selection of the right men for public office is the main 
thing in a democracy, and the success or failure of democratic 
government depends chiefly upon the kind of men selected. 
In a small town or a rural community where the voters may 
know the candidates personally it is a simple matter for one to 
announce himself as a candidate for office and for the voters to 
judge of his qualifications, but it is very different in the case of 
state or national elections. Probably the most difficult as well 
as the most important problem of American democracy is the 
problem of getting good men elected to the legislature and the 
various public offices. 

There are two steps in the selection of elective public officers : 
(1) the nomination of the candidates, and (2) the election or 
choice between the candidates nominated. Of these steps the 
more important is the nomination. If all the candidates are 
suitable men it makes httle difference which ones are chosen. 
A change in the government from one set of good officers to 
another is hardly noticed in the Hfe of the people. But good 
men cannot be elected unless they are nominated. The people 
can only choose between the candidates presented to them. 
The problem is to secure the nomination of the best men. Un- 
fortunately the quahties which fit one to fill a public office suc- 
cessfully are not always found together with the qualities which 



SUFFRAGE AND ELECTIONS 175 

make one a good candidate. In every state there are many- 
men well qiialifiod for public office and who would be glad to 
serve, who can never be elected because they lack the personal 
gifts or the influence that are necessary to secure the nomina- 
tion. Also the great expense of making a campaign for the 
nomination or election often places the more important offices 
beyond the reach of persons without wealth. 

156. Modes of NominatiDn. — There are several modes of 
nominating candidates for office. In local elections candidates 
often announce themselves, and to some extent this is done in 
general elections. Such self-nomination or independent candi- 
dacy is practicable only where the candidate may reach the 
voters personallj^, without the aid of a political party. Gener- 
ally there is no particular connection between local and general 
politics, and voters therefore to a great extent vote in local 
elections without reference to party lines. A popular candidate 
may receive votes from members of different parties. In gen- 
eral elections also candidates who have failed to receive the 
party nomination may announce their candidacy on an inde- 
pendent basis. 

Nominations by a party are usually made either: (1) by a 
local meeting of members of the party called a caucus, or now 
more commonly known as a primary ; or (2) by a nominating 
convention; or (3) by the voters themselves in an election 
known as the direct primary. 

157. Party Caucuses and Conventions. — The caucus or pri- 
mary is a meeting of the party voters in a local election unit, 
such as a ward, township, or precinct. At this meeting the 
party's candidates for the local offices are nominated. If offices 
of the larger units, such as the county, district, or state, are to 
be filled, the local meeting chooses delegates to conventions to be 
held for the larger units. These conventions, made up of dele- 
gates from the smaller units, nominate the party's candidates 
for the political areas for which the conventions are held, or 
they in turn choose delegates to still higher conventions rep- 
resenting larger areas. Thus the party voters of a township 



176 GOVERNMENT AND THE PEOPLE 

elect at a primary their delegate or delegates to the county con- 
vention, and the various county conventions choose delegates 
to the state convention, and the state convention nominates 
the party's candidates for the state election. 

Primary meetings are called by the local party managers. 
Of course only members of the party are entitled to participate 
in the meeting, each party conducting its own primaries. 
Tests are established to determine party alignment or loyalty. 
A common test is whether the applicant for admission voted the 
party ticket at the last general election. The determination of 
the voter's standing is almost entirely in the hands of the party 
managers or of the local meeting. The matter is largely gov- 
erned by local party regulations. Lists of the recognized mem- 
bers of the party are compiled for the use of the party managers. 
If a voter is improperly denied admission to a party meeting, 
there may sometimes be a remedy under a state law defining 
party eligibility, but a person unlawfully excluded would 
rarely go to the trouble to assert his rights by an appeal to the 
courts. 

As a rule party meetings are slimly attended. The average 
voter is fullj^ occupied with his own affairs and takes very lit- 
tle interest in politics. Many of them never attend party 
meetings, and probably a majority do not even know when 
such meetings are held. Usually no effort is made by the party 
managers to get the voters out to the meetings or to notify 
them that the meetings are to take place. Only enough voters 
are assembled to ratify the slate or programme prepared in 
advance by the managers. Since the only place in which the 
individual voter may exert any real influence in the selection of 
his party's candidates or delegates, or in the adoption of its 
platform, is in the local meeting, his failure to attend the meet- 
ing or his exclusion therefrom by the party managers prac- 
tically disfranchises him so far as party influence is concerned. 
He may, of course, vote for the party's candidates at the elec- 
tion, but so may the independent voter or even a member of 
the opposing party. 

The indifference of the voter and the conditions under which 



SUFFRAGE AND ELECTIONS 177 

party meetings are held play into the hands of the party lead- 
ers, who are usually men who make politics a prominent, if not 
the main, l)usiness of their lives. Many of them are office- 
holders or candidates for office, while others play the game 
from a love of politics or because they make money out of it. . 
To this small gi'oup of highly organized politicians the great 
mass of voters leave the management of party affairs and the 
selection of the candidates who, if elected, are to administer 
the government. The party managers themselves are often 
controlled by the party leader or "boss." The leaders of the 
local political units control the affairs of the larger units, and 
the entire organization constitutes the party's "machine," at 
the head of which may be a powerful leader who is practically 
the dictator of the party's affairs in the state. It is, of course, 
to the advantage of the machine that the voters stay away 
from the primaries. This leaves the selection of the candidates 
and the framing of the platform in the hands of the managers. 
But every effort is made by the machine to get the voters out 
on election day. On this occasion they are exhorted to show 
their loyalty to the party by coming out in support of the can- 
didates. At the polls the voters often merely confirm the choice 
of the party machine. 

158. Direct Primaries. — The system of machine government 
described in the preceding section has not worked altogether 
badly. Formerly there was much corruption, but the rising 
standard of political morality and the enactment of the numer- 
ous "corrupt practice acts" have produced a marked change 
for the better. Moreover, the party leaders know that their 
candidates must be at least moderately fit or they will be de- 
feated at the polls. As a rule the member of a party will vote 
the party ticket whatever be his personal views as to the fitness 
of the candidate, but there are many exceptions. Elections are 
often determined by the independent voter, either within or 
without the party. There are many voters Avho are not defi- 
nitely connected with anj^ party, and mstny party men who ^^•ill 
"bolt" the party if the nominees are not acceptable. 

But machine government is not democracy but oligarchy, 



178 GOVERNMENT AND THE PEOPLE 

and in recent years an attempt has been made to restore demo- 
cratic government by putting the nominations as well as the 
elections in the hands of the people. In man}- states the con- 
vention mode of nominating candidates has been abolished and 
nomination by the direct 'primary substituted. A direct pri- 
mary is a preliminary election in which the part 3' 's candidates 
are chosen by the direct vote of the members of the party. 
Primaries are conducted in substantially the same manner as 
a regular election. 

The statutes relating to direct primaries are voluminous and 
vary considerably in the different states. In some states the 
primary is open only to voters of the party conducting it. A 
Democrat is not permitted to vote in a Republican primary, 
and vice versa. This is called a closed 'primary. The main 
object of the restriction is to keep members of the opposite 
party from preventing the nomination of the strongest candi- 
dates of the party conducting the primary. This they might 
do by voting for a weak candidate who could be defeated in the 
regular election. Another type is the open primary, which is 
open to all without any declaration of party affiliation, the 
primary for all the parties being held on the same day. 

There must, of course, be candidates in the primary election 
as well as in the regular election. The statutes prescribe the 
mode of becoming a candidate in the primary. The usual mode 
is by filling a petition with a certain number of signatures in- 
dorsing the applicant's candidacy, or by the payment of a fee, 
or by doing both. In states in which there is a single dominant 
party, as in Virginia and other Southern states, the result of 
the primary of the dominant part}^ determines the result of the 
regular election, for nomination is equivalent to election where 
the state is controlled by a single party. 

It is claimed by advocates of the direct primary that it makes 
elections more democratic and largely overcomes the danger of 
machine rule. By putting nominations as well as elections in 
the hands of the people it is supposed that the voters are en- 
abled in fact to choose their own representatives instead of 



srrFHA(;E and elections 179 

merely choosing botwooii nominees selected by the party man- 
agers. On the other hand, the new plan casts a greater burden 
upon the people, for they must attend two elections instead of 
one. At the fii'st election they choose their candidate and at 
the second the}^ vote for him as against the opposing candidate. 
Also there is reason to believe that the selection of candidates 
to be voted for at the primary may fall almost as much into the 
hands of the politicians as did the selection of nominees under 
the former plan. The most that can be said of the system of 
direct primaries is that it is on trial and. that good may come 
out of the experiment. 

159. Ballots and Voting. — After the candidates are chosen 
the next step is the election. All elections are held by ballot, ex- 
cept in a few states in which voting-machines are used to some 
extent. Until a few years ago the ballots were printed and sup- 
plied to voters by the several party organizations or by the can- 
didates, and were prepared by, or perhaps for, the voter before 
he went to the polls, and were deposited in public view so that 
it was usually possible to tell how the elector voted. Under 
this system bribery and intimidation were easy and conmion. 
A great reform was accomplished by the introduction of the 
so-called Australian ballot system, which was first used in Aus- 
tralasia. This system was introduced into the United States by 
Kentucky and Massachusetts in 1888, and is now practically 
universal. The main features of the system are that the ballots 
are prepared and furnished by the public authorities and that 
the voting is secret. 

The form of ballots and other details of procedure vary in 
the different states. In one form the names of all the candi- 
dates for each office are arranged in alphabetical order, with or 
without party designations, under the title of the office to be 
filled. In voting the voter either marks a cross opposite the 
name of each candidate he wishes to vote for, or strikes out the 
names of the other candidates, as the state law may provide. 
This form of ballot requires the voter to give individual at- 
tention to each candidate and makes the voting of the entire 



180 



GOVERNMENT AND THE PEOPLE 



party ticket — the ''straight ticket" — less probable than in the 
next form. In the second of the more common forms all the 
candidates of each part}- are grouped together in a separate 
column, the columns being placed side by side so that all the 
candidates for the same office are on the same horizontal line. 




INTERIOR OF A POLLING-PLACE. 

The men seated at the table on the left are clerks of the Board of Registry ; those 
standing behind them are watchers. The ballot^booths are in the background. 
On the table on the right are the ballot-boxes, one for the actual votes and the 
other for the stubs which carry the number of the ballots. The voter begins 
by registering at the forward end of the table. At the farther end he receives 
a baUot and passes into one of the booths, marks it and hands it to the clerk, 
who drops it into the ballot-box. 



The party name or symbol is at the head of each column. If 
the voter wishes to vote the straight party ticket, he simply 
makes one cross in the circle or other space provided at the top 
of the column. If he wishes to ''scratch," or vote for only 
some of his party's candidates, or vote a "split" ticket, that is, 
vote for some candidates of both parties, he must mark or 
strike out names so as to indicate which candidates he votes for. 
The mode of voting is substantially as follows : the voter en- 



SUFFRAGE AND ELECTIONS 181 

ters the polling-place, in which no one is allowed but the officers 
of the election and the authorized watchers of the political 
parties and those about to vote. He applies to an officer for 
an official ballot, giving his name, if he is unknown to the officers. 
If he is found on the registration lists and entitled to vote, he is 
given a ballot, whereupon he retires alone into a small voting- 
booth and there marks and folds his ballot. He then takes it 
to the ballot-box, into which it is deposited by the voter or by 
the officer, as the law may provide. The voting is thus entirely 
secret, no one but the voter himself knowing how he voted. 
Sometimes voting-machines are used, the voter registering his 
vote by pushing a knob or knobs, but their use is not general. 

160. Municipal Politics and Elections. — The mayor and 
council of a municipal corporation, or the commissioners where 
the commission form of government is employed, are elected by 
the people of the corporation. Sometimes other officers, such 
as the heads of departments, are also elected, but as a rule such 
officers are appointed by the mayor or by the council or com- 
mission as the case may be. Municipal elections are usually 
held at different times from state and national elections, which 
is a wise arrangement both because the number of candidates 
to be voted for at one time is less, so that it is made easier for 
the voter to cast an intelligent ballot, and also because a con- 
fusion of issues is thus avoided. 

There is usually no necessary connection between a state or 
national election and a local municipal election invohing only 
local candidates and issues. State and national elections are 
conducted on strict party lines, but party affiliations should 
have no significance in municipal elections. It is, or should be, 
a matter of no consequence whatever whether the mayor or a 
member of the city council is a Democrat or a Republican, for 
the issues which divide the great national parties cut no figure 
in municipal affairs. In municipal elections, therefore, party 
designations are commonly disregarded and the candidates run 
on local issues or on their personal qualifications. Of course, 
however, the party system so far as state and national politics 



182 GOVERNMENT AND THE PEOPLE 

is concerned, is maintained in the cities, and the smaller units 
for party organization are the city wards and precincts. 

Questions 

1. Can democracy be successful if the people take no interest in public 
aflfairs and will not vote? Is the government democratic when the peo- 
ple vote but do not know anything about the candidates or the questions 
voted for? 

2. From which sovereignty, state or United States, is the right to 
vote derived? Does the federal Constitution confer the right to vote? 
How are the times of holding elections fixed? Why should local elections 
be held at different times from state and national elections? 

3. Is the right to vote a right belonging to every citizen? Did the 
granting of the right to vote to women make the government more demo- 
cratic? What are the requirements for the suffrage in your state? 

4. For what purposes are elections held ? What is the essence of democ- 
racy? Ought complicated questions to be submitted to the people at the 
polls, for example, whether a particular tax law should be enacted ? Could 
the voters vote intelligently on the question whether a new school build- 
ing should be built in the town? 

5. What are the two steps in the selection of public officers? Does it 
make much difference to the average citizen which candidate is elected if 
both are good men for the office? Are men fit for office always good 
pohticians, so that they can get themselves elected? 

6. What are the three modes of nominating officers? What is a caucus 
or primary? Who calls the primary meeting together? What is done at 
a primary meeting? Why is it important that the voters attend the 
primary ? Do most voters attend ? Do the party managers take pains to 
get the voters out to the primary? Do they try to get them out to the 
election? What is the result if the voters do not attend the primary? 

7. What is the direct primary? What is its object? For what is it a 
substitute? Who may vote at the primary ? Does the primary increase or 
diminish the burden on the voter? 

8. Who supplies the ballots to the voter at an election? What is the 
Australian ballot system and how does it differ from the old system? 
What is voting a "straight" ticket? a "scratched" ticket? a "split" 
ticket? 

9. Why are party affiliations of less importance in municipal elections 
than in state or national elections? 



CHAPTER XVIII 
POLITICAL PARTIES 

161. Political Parties in General. — A political party is an 
organization of persons with common aims and policies com- 
bined for the purpose of controlling and carrying on the gov- 
ernment in accordance with their aims and policies. In prac- 
tical politics the main business of a political party is to win 
elections. In this way they gain or retain control of the gov- 
ernment. The chief incentive of the party worker is usuall}^ 
the hope of securing public office or some other material re- 
ward. 

The federal Constitution makes no provision for political 
parties, but the party system is one of the most necessary and 
characteristic features of our scheme of government. The Con- 
stitution provides the machinery of government and the party 
supplies the vital force that keeps the machinery in motion. A 
scheme of government does not run itself; there must be men to 
operate it. Thousands of persons are required to carry on the 
work of the state and federal governments, and only through 
organization can these persons be chosen and their activities 
harmoniously directed. Such organization is supplied by the 
political party. 

Political parties are a necessity in a democracy. Not only is 
it natural for individuals to group themselves according to com- 
mon beliefs and aims, but without such grouping effective ac- 
tion is usually impossible. One person acting alone can ac- 
complish little in public affairs, but a large enough combination 
of like-minded individuals inay control the government. Un- 
less i^opular government is to degenerate into an oligarchy there 
must be at least two strong political parties, each holding the 
other in check. The best results are secured when the parties 

183 



184 GOVERNMENT AND THE PEOPLE 

are about equal in strength. Then the party in control is put 
on its good behavior by the knowledge that unless its adminis- 
tration is satisfactory it will be defeated at the next election. 

As a rule it is only as a member of a political party that an 
individual voter can exert any substantial influence in public 
affairs, and the support of a political party is absolutely essen- 
tial to secure election to most public offices. Usually voters 
connect themselves with one or the other of the leading parties, 
and most members of a party vote the straight party ticket 
regardless of their personal convictions. But there are many 
independent voters who either belong regularly to no party, or 
if party men do not always vote the straight party ticket. 
Sometimes there are enough of these independent voters to 
turn an election one way or the other. Now and then dissatis- 
faction with the party's ticket or policies may cause a large 
defection or "bolt" of its members, or even split the party, 
and lead to its defeats Such a split in the Democratic party 
in 1860 made possible the election of Lincoln, and a similar 
split in the Republican party in 1912 resulted in the election of 
Woodrow Wilson. The existence of a strong independent vote 
undoubtedly exerts a wholesome influence on politics, for the 
necessity of bidding for the favor of the independents raises the 
standards of the opposing parties. 

162. Functions of a Political Party. — The main functions of 
a political party are to formulate the party platform, nominate 
candidates for public office, educate, organize, and bring out 
the voters in support of the party's platform and candidates, 
and, if in power, to run the government in accordance with the 
poKcies of the party. In this country the poHtical party plays 
another important part in the practical administration of gov- 
ernment by serving as a unifying agency to secure the har- 
monious working together of the several departments of the 
government. The separation of the government into three 
co-ordinate branches may be useful in preventing a dangerous 
concentration of power, but it does not make for energy and 
efficiency of administration. The legislature and the executive 



POLITICAL PARTIES 185 

may work at cross-purposes; also the national, state, and local 
governments may not work in harmony with each other. 

All these possibly conflicting forces may be brought into 
harmonious action by the influence of the dominant political 
party. The party organization not only covers the country at 
large but extends down to the smallest political subdivision of 
the states, so that the party has immense power over all the 
political activities of the country, whether national, state, or 
local. When the various branches of the government are all 
controlled by the same party, party government is complete, 
and the various disconnected agencies of government are 
brought into unity of action. Of course when neither party is 
dominant, the President, for example, being of one party and 
a majority in Congress being of the other party, there may be a 
deadlock, as sometimes happens. This is a weakness in the 
system, but fortunately the two leading parties agree in most 
essential matters and such deadlocks rarely occur. 

163. Formation and Continuance of Political Parties. — 
Political parties are formed in the beginning on some outstand- 
ing issue or issues involving questions of public policy. Upon 
the settlement or passing of these issues the parties die unless 
some other issues are taken up. The raising of any important 
issue will naturally result in the grouping of the voters on one 
side or the other of the question involved, but this need not 
necessarily bring about the formation of a political party. 
Where the issue is temporary or disposed of at a single election, 
the grouping of voters will disappear with the disposition of 
the issue itself. This is especially true of local issues; in fact, a 
political party cannot be organized on a local issue, for it must 
be composed of a large number of voters. Only questions of 
national interest have justified the attempt to organize a polit- 
ical party. The voters of a state, without regard to party, may 
divide on the question of a proposed amendment to the state 
constitution, and the voters of a county or city may divide on 
the question of an issue of bonds for road improvements or 
public schools, but political parties cannot be formed on such 



186 GOVERNMENT AND THE PEOPLE 

minor or local questions. It is only where the issues are of na- 
tional importance and are permanent or continually coming up 
that they can serve as the basis for political parties. 

After a political party has once become thoroughly estab- 
lished and has developed party traditions and loyalty, its plat- 
form and doctrines are not very important. The party name 
and organization will usually be strong enough to carry the 
party from one issue to another. This is the case with the two 
great historic American parties, the Democratic and the Re- 
publican parties. Their organization and traditions and the 
importance of securing or retaining the spoils of victory are 
enough to keep them alive. While each party has in the main 
been characterized by the same general spirit throughout its 
history, their specific doctrines have frequently changed. Usu- 
ally the party out of power stands for the strict construction of 
the Constitution and for economy in government, and denounces 
the party in power for its disregard of these principles; but when 
they themselves are in power they act much the same as the 
party they have displaced. In short, the fundamental principle 
and policy of the two leading parties is to get and retain the 
possession of the government. They want the public offices. 
Nothing else counts for much and party platforms are framed, 
and candidates are chosen with this one end in view. The 
main thing is to win the election; the real contest is between 
the "ins" and the "outs." 

It might be inferred from the above that it makes little dif- 
ference whether one belongs to a party or not, or indeed whether 
one even takes the trouble to vote. If the parties are about the 
same, why vote to put or keep one in office rather than the 
other? The main reason is that it is chiefly through fear of 
defeat at the polls that the party in power is kept responsive to 
the will of the people and reasonably efficient in running the 
government. A change of administration is sometimes a good 
thing. If a party in power has done badly it ought to be turned 
out, even though the other party may perhaps do no better. 
There is always the chance that a new political broom will 



POLITICAL PARTIES 187 

sweep cleaner than the old, and, besides, a party that has 
abused its trust ought to be punished. At any rate this is the 
only recourse the people have. 

164. Political Parties in th3 Unit2d Stat2s.— Political 
divisions began in the United States with the establishment 
of the government, but the party system as a factor in national 
politics dates from the presidential election of 1796, upon the 
retirement of Washington from the Presidenc}'. The two par- 
ties were the Federalists and the Republicans. The Federal- 
ists favored a strong central government and held that the 
Constitution should be construed liberally in favor of the federal 
government. John Adams, Alexander Hamilton, and John Mar- 
shall were the most prominent Federalists. The Republican 
party, also known as Democrats, stood for states' rights and 
strict construction. Thomas Jefferson, the great prophet of de- 
mocracy, was the founder and leader of this party. He was 
the great champion of personal liberty and individual rights. 
The present Democratic party is regarded as the same as that 
founded by Jefferson, and has had a continuous existence from 
the beginning. Under its second great leader, Andrew Jack- 
son, the party became known as the Democratic party. The 
Federalists controlled the government only during the adminis- 
tration of John Adams (1797-1801) and went out of existence 
about the close of the War of 1812. John Marshall, however, 
as Chief Justice of the Supreme Court, powerfully maintained 
the principles of nationalism for over thirty years. The Demo- 
cratic party was the dominant party almost continuously from 
the election of Jefferson in 1800 until the Civil War, winning 
every presidential election but two. The short-lived Whig 
party elected William Henry Harrison in 1840 and Zachary 
Taylor in 1848. There were also several other minor parties 
during this period. The present Republican party was founded 
in 1854 and elected Abraham Lincoln to the Presidency in 1860. 

Since the Civil War several new political parties have been 
formed; namely, the Prohibition party (1869), the Greenback 
party (1876), the Populist party (1891), the Socialist party 



188 GOVERNMENT AND THE PEOPLE 

(1900), and the Progressive party (1912), but none of them ever 
attained political power comparable to that of the two major 
parties. The great poHtical parties have been the Democratic 
and Republican parties, which are fairly evenly matched in 
strength, the Republicans being somewhat stronger. The Re- 
pubUcans have elected all the Presidents since 1856 except 
two, Grover Cleveland and Woodrow Wilson, both of whom 
were elected twice by the Democrats. 

There has been no one permanent issue separating the Re- 
publicans from the Democrats. Party organization and tra- 
ditions have been the main forces in keeping them apart. The 
Republican party was founded in 1854 on two principles: re- 
sistance to the extension of slavery and the maintenance of the 
Union. Since the war it has generally advocated a high tariff 
for the protection of American industries, though the tariff 
has only occasionally been an issue in national elections. In 
1896 and 1900 the money question was the main issue between 
the two parties. The Democrats advocated the free coinage of 
silver and the Republicans generally stood for the gold stand- 
ard. At present there is little difference in the policies of the 
two parties. 

165. Party Organization and Machinery. — The organiza- 
tion of a political party is quite complicated. It consists of 
two main elements, the managing committees and the party 
meetings or conventions. The committees are permanent 
bodies and are the real power in party management. The 
party meetings or conventions are temporary bodies called for 
the purpose of nominating candidates for office or of choosing 
delegates to larger conventions. A nominating convention may 
also adopt resolutions or platforms setting forth the party's 
sentiments on political issues. 

Each party has a national committee, a state committee, and 
numerous local committees in the various political subdi- 
visions of the state. The national committee consists of one 
member from each state and territory, who are chosen by the 
respective state and territorial delegations at the national 



POLITICAL PARTIES 189 

convention. This committee is the managing agency of the 
party at large. 

The state committee is composed of representatives from the 
main political divisions of the state, such as counties or con- 
gressional districts. The members of the state committee are 
usually chosen by the state party convention. 

Subordinate to the state committee are the various county 
and district committees, and below these the town, precinct, 
or ward committees. The committee of the smallest unit may 
be a single person. The committees of the smaller units come 
into personal contact with the individual voters, and are thus 
enabled not only to see that the voters come_ out on election 
day in support of the party's candidates, but also to keep the 
organization higher up accurately informed as to local political 
conditions. The committeemen for the various political areas 
are chosen by party meetings or conventions held therein. 
Besides the national, state, and local committees each party 
maintains a committee in Congress, composed of members of 
that body, who look after the interests of the party at Wash- 
ington. 

166. National Conventions. — The national convention of 
each of the political parties meets once every four years to 
nominate candidates for the Presidency and Vice-Presidency 
and to formulate the party platforms. The time and place of 
meeting are fixed by the national committee of the party. The 
delegates are selected by the party in each state, there being 
some differences in the mode and principle of selection by the 
different parties. The total number of delegates in the con- 
ventions of the Democratic and Republican parties exceeds 
1,000. The general principle of the two parties is that each 
state shall have as many delegates as it has representatives and 
senators in Congress. Delegates are received also from the 
territories and possessions and the District of Columbia. 

The conventions are held early in the summer preceding the 
election, a large city being always selected as the place of 
meeting. The convention meets in a large auditorium accom- 



190 GOVERNMENT AND THE PEOPLE 

modating the delegates and thousands of spectators. The 
convention is first temporarily organized under the direction 
of the national committee, then a permanent chairman and 
other officers are elected and the convention is ready for busi- 
ness. The party platform has usually been adopted first and 
the candidates then chosen, but in the Democratic convention 
of 1912 this order was reversed. In the Democratic convention 
a two-thirds' vote is necessary to nominate, but in the Re- 
publican convention a majority is sufficient. The Democratic 
rule has sometimes prevented the nomination of a candidate 
who upon the earlier balloting received a majority of the votes. 

In the Republican convention the individual members of the 
state delegation may vote as they please, but in the Democratic 
convention the ''unit rule" is adopted, the entire state dele- 
gation voting as a unit, the majority of the delegation having 
the right to determine how the vote of the state shall be cast. 
Sometimes where the right of a delegate to a seat in the con- 
vention is contested, each of two contestants is allowed a half 
vote, which explains how this fractional vote sometimes appears 
in the results of balloting. 

The big business of the convention is the nomination of the 
candidate for the Presidency. When this is accomplished the 
candidate for the Vice-Presidency is then chosen, but little 
attention is paid to this, although a number of Vice-Presidents 
have succeeded to the Presidency, and the candidate for this 
office should therefore clearly be of presidential caliber. Usu- 
ally the second place on the. ticket is given to a minor political 
figure or to a ''favorite son" of some doubtful state. When 
the business of the convention is over it adjourns sine die. The 
candidates are soon afterward formally notified of their nomi- 
nations, and their speeches of acceptance often play an impor- 
tant part in the campaign. 

167. Party Finances. — Politics is expensive. It costs a 
great deal of money to keep up a political organization and 
especially to run a political campaign. Exact figures are not 
obtainable, but it has been estimated that party organization 



POLITICAL PARTIES 191 

costs more than any one of the regular departments of govern- 
ment. This does not mean that the money is spent corruptly, 
as in buying votes; indeed, it is probable that a very small 
part of the large sums spent in political campaigns is spent in 
bribery or in any other unlawful way. The legitimate expenses 
of a campaign on a large scale, such as a presidential campaign, 
or of even the lesser campaigns, such as for the governorship of 
a state or for a senatorship, amount to large sums. The cost of 
presidential campaigns runs usually into the millions. 

Campaign funds are collected by the executive officers and 
the finance subcommittees of the party committees. The prin- 
cipal sources of such funds are contributions from part}^ sup- 
porters and from candidates. In former times more than at 
present money was also sometimes collected from corporations 
and individuals in return for special favors. 

The corrupt use of money in elections has in racent years led 
to the enactment of numerous statutes intended to prevent this 
evil. In many, if not most, of the states statutes have been 
passed, sometimes called "corrupt practice acts," regulating 
the use of money in elections. The use of money to influence 
voters or for anything else than for certain enumerated legiti- 
mate expenses is prohibited; candidates are required to file 
with a prescribed officer a sworn statement of their campaign 
expenses, and in some states are limited to the expenditure of 
not more than a stated sum; contributions from corporations 
are sometimes prohibited; and political committees are re- 
quired to keep and file a detailed account of campaign receipts 
and disbursements. Congress has also passed similar statutes 
applying to national elections. 

Questions 

1. What is a political party? Docs the federal Constitution mention 
political parties? Why do we have political parties and why should a 
voter belong to or vote with a party? 

2. What does a political party do? How does a political party usually 
start? After a party gets started what keeps it alive? What is the main 
object of the average politician? 



192 GOVERNMENT AND THE PEOPLE 

3. Is a change of parties now and then a good thing? If the party in 
power has done badly, but the opposite party may possibly do no better, 
how should you vote ? 

4. Name the two leading parties in this country and tell when each 
one was founded. To what party did Thomas Jefferson belong? Abraham 
Lincoln? Grover Cleveland? 

5. What are the various committees of a political party? How is the 
national committee made up and what does it do? What is the national 
convention and what does it do? 

6. Where does the money come from to finance a political campaign, 
and what are some of the legitimate expenses of a campaign? What pro- 
vision is made by statute to prevent the corrupt use of money in elections ? 



CHAPTER XIX 
POPULAR CONTROL IN GOVERNMENT 

168. The Progress of Democracy. — American democracy 
was founded upon the principle of re-presentation^ that is, that 
the people should rule not directly but through representatives 
chosen by them. Until quite recently the people have directly 
played little part in the establishment and maintenance of the 
American constitutional system. The federal Constitution 
was neither framed nor ratified by the people, and of the early 
state constitutions only that of Massachusetts was submitted 
to the people for ratification. So far as the federal government 
is concerned, the representative principle remains in full opera- 
tion, the only change in the original plan being that senators 
are now elected by the people instead of by the state legisla- 
tures. In general, however, there has been a great increase in 
the extent to which the people take part in the affairs of gov- 
ernment. 

This increase has been along several distinct lines. One has 
been the extension of the suffrage. A century ago comparatively 
few of the people had the right to vote. Now every adult 
citizen, male or female, may vote, who can measure up to 
the easy requirements of the suffrage laws. Another develop- 
ment has been the submission of state constitutions and con- 
stitutional amendments to the vote of the people. This has 
been the rule for a long time; very rarely in the last half-cen- 
tury has a state constitution been declared adopted without 
being first approved by popular vote. Another extension of 
the people's power has grown out of the great increase in the 
number of elective offices. Originally very few oflEicers were 
elected by the people; now this mode of choice is probably the 
rule. This change is supposed to increase the responsibility of 

193 



194 GOVERNMENT AND THE PEOPLE 

public officers to the people and to make the government more 
democratic. The adoption of the direct primary mode of mak- 
ing nominations was intended to have a similar effect. 

The most radical change in the machinery of government has 
been the adoption in some states of the plan of direct legisla- 
tion by the people, that is, the making of laws by the people 
themselves instead of having them made by the legislatures. 
This is the substitution of direct democracy for representative 
democracy, and involves the rejection of the principle of rep- 
resentation which was the foundation of our constitutional 
system as originally established. This change has taken place 
in the past twenty years, and there are already signs that it is 
falling into disfavor. 

These changes are some of the marks of the progress of de- 
mocracy in the United States. The fact that changes in the 
machinery of government are made from time to time, in the 
effort to keep the government under the control of the people, 
emphasizes the fact that democratic government itself is still 
a good deal of an experiment. It can succeed only where the 
people are capable of self-government, and not then unless 
they go about it in the right way. But it should be remem- 
bered that democracy is not a matter of form but of substance. 
If the people in fact rule, it does not matter by what method 
thej^ rule. Democracy does not require that the people should 
run the government themselves. It is enough if they set up 
the government and hold the public officers accountable for 
how they run it. These matters will be more fully explained 
in this chapter. 

169. The Multiplication of Elective Offices. — The great in- 
crease in recent years of the number of things the government 
does has made necessary a corresponding increase in the num- 
ber of public officers. Most of the more important officers are 
elected by the people. It was not so under the early state 
constitutions. Under the Virginia constitution of 1776 only 
members of the legislature were elected by the people. The 
governor, judges, secretary of the commonwealth, and at- 



POPULAR CONTROL IN CIOVERNMENT 195 

torne.y-general woro ehoscn liy tho legislature, and the minor 
state officers — justices of the peace, sheriffs, coroners, and con- 
stables — were appointed. Now there are not only nian>- more 
officers than formerly, but there has been a tendency to make 
more and more of them elective. This is supposed to make the 
government more democratic. 

But does it really have this effect? This dependr> upon 
whether the election constitutes an intelligent choice by the 
voters or is merely a ratification of a choice made by the party 
managers. An unintelligent choice is really no choice. But a 
voter cannot cast an intelligent vote for a candidate unless he 
knows both the candidate and what kind of a man the office 
calls for. If the number of candidates to be voted for is so 
gi-eat that the voters cannot even know who they are, or if the 
qualifications for the office are such that the average voter can 
form no opinion of the fitness of the candidate for the office, an 
intelligent choice is hnpossible. 

In many elections the voter casts his ballot without the 
slightest knowledge of the fitness of the candidate for whom he 
is voting. Such must have been the case in an election in 
Oi-egon in 1912 when the ballot contained the names of 17(5 
candidates, or in a municipal election in Chicago in 1906, when 
the ballot measured 183^ by 26 inches and contained the names 
of 334 candidates for many different offices. If the voter in 
the latter election gave ten seconds to the consideration of 
each name, it took him about one hour to mark his ballot. But 
such consideration was impossible and useless, for very few of 
the candidates could have been known to the voter. A ballot 
cast in such a case is a vote in the dark, and such an election is 
a mockery of democracy. 

The effect of the multiplication of elective offices in municipal 
elections has been strikingly described by Woodrow Wilson as 
follows: 



In the little borough of Princeton, where I live, I vote a ticket of 
some thirty names, I suppose. I never counted them, but there must 



193 GOVERNMENT AND THE PEOPLE 

be quite that number. Now I am a slightly busy person, and I have 
never known anything about half the men I was voting for on the 
tickets that I voted. I attend diligently, so far as I have light, to my 
political duties in the borough of Princeton — and yet I have no per- 
sonal knowledge of one-half of the persons I am voting for. I couldn't 
tell you even what business they are engaged in — and to say in such 
circumstances that I am taking part in the government of the borough 
of Princeton is an absurdity. I am not taking part in it at all. I am 
going through the motions that I am expected to go through by the 
persons who think that attending primaries and voting at the polls 
is performing your whole political duty. It is doing a respectable 
thing that I am not ashamed of, but it is not performing any political 
duty that is of any consequence. I don't count for any more in the 
government of the borough of Princeton than the veriest loafer and 
drunkard in the borough, and I do not know very much more about 
the men I am voting for than he does. He is busy about one thing 
and I am busy about others. We are preoccupied, and cannot attend 
to the government of the town. 

170. Invisible Governmsnt. — The multiplication of elective 
offices in this country has undoubtedly to a gi'eat extent ren- 
dered the government undemocratic by putting the actual selec- 
tion of public officers into the hands of a few self-appointed pro- 
fessional politicians who make up the tickets to be voted on 
by the people. The forms of democracy are preserved, but that 
is all. The people elect but they do not select their officers. 
They do not appoint or control the small group of party bosses 
who make the nominations, and as a rule they do not even 
know who they are. The real boss is probabl}^ not an office- 
holder, and has nothing to fear from the people. He and his 
a/ssociates, acting in secret, distribute the offices to their hench- 
men in return for their support of the machine. No one can 
hope to be elected unless he submits to the authority of the 
machine. Thus a small group of irresponsible and often un- 
known men, acting in the dark, possess themselves of the public 
treasury and the reins of government. This has been aptly 
called "invisible government." It is not democracy, but one 
of the worst forms of government, a secret oligarchy. 

This kind of government has been almost universal in large 



POPULAR CONTROL IN GOVERNMENT 197 

cities and to a considerable extent prevails even in the state 
governments. It is stated on the highest authority that one 
of the states was ruled for more than forty years by ir- 
responsible political bosses, and the fact that some of these 
bosses were personally men of high character does not alter the 
fact that such a government is not democratic. 

171. Irresponsible Government. — Democracy requires that 
the people shall be able to hold their public officers accountable 
for the way they perform their duties. This is possible only, 
(1) where the people are able to find out what the officer has 
done or is doing; (2) where the nature of the officer's duties is 
such that the people are able to judge whether he has per- 
formed them well or not. 

These conditions are usually satisfied in the case of most 
local officers of towns and rural communities. The citizen can 
usually find out all he needs to know about them. But this is 
true of only the most important and conspicuous state and 
national officers. Too often the great number and inconspicu- 
ousness of such officers makes them, so to speak, invisible to 
the electorate. All such officers are practically irresponsible 
to the people, for the people cannot know whether they are 
performing their duties well or not. 

For this reason such officers should not be elected by the 
people, but rather appointed by the legislature, or by the gov- 
ernor or some other officer able not only to judge of their 
qualifications for office but also to observe whether they have 
satisfactorily performed their duties. When elected by the 
people, they are often re-elected time and again without ref- 
erence to their efficiency because the people know no better. 
Direct democracy is a failure in such cases. 

172. Direct Legislation — The Initiative and Referendum. 
— About thirty years ago a conviction began to develop, 
especially in the far West, that the state legislatures had ceased 
to be truly representative of the people. They often failed 
to pass laws for which there was a popular demand, and were, 
or were supposed to be, much under the control of political 



198 GOVERNMENT AND THE PEOPLE 

bosses and the representatives of the great corporations or 
other special interests. They were beheved to be no longer 
responsive to the popular will. In so far as this was true, the 
legislature was, of course, not democratic. Undoubtedly there 
had been a marked decline in the general character of the mem- 
bers of the legislature and in the quality of legislation. For 
this there were two main reasons: the best men no longer, as 
formerly, were willing to serve in the legislature, and the rapid 
and great change in social, economic, and industrial conditions 
raised problems in law-making which were very hard to solve. 
Naturally much of the legislation was unsatisfactory. 

The natural remedy for this state of things was to send the 
best possible men to the legislature to gi'apple with the situ- 
ation. By making a legislative career attractive, good men 
might have been induced to serve, and ordinarily the people 
are able to pass intelligently upon the qualifications of a mem- 
ber of the legislature. About all that is required is that he 
shall be intelligent, honest, and industrious. A legislature 
composed of men of this sort will pass as good laws as it is 
possible to get. But this plan was not adopted. Despairing 
of their legislatures, the people of several of the states decided 
to take law-making largely into their own hands. They did not 
abolish the legislature, but undertook to dictate to them what 
laws should be passed. The state constitutions were amended 
so as to authorize this, two different methods being adopted 
for controlling legislation. One is the initiative, by which the 
people propose a law and either pass it themselves or require 
the legislature to pass it, and the other is the referendum, by 
which the people require a law passed by the legislature to be 
submitted to the people for approval before it shall go into 
effect. This is direct legislation by the people. The initiative 
and referendum have been called "progressive" measures, but, 
historically, the principle of direct legislation is reactionary. 
It is a return to pure democracy such as existed in the early 
days of Greece and Rome. 

The initiative works as follows : Any person or group of per- 



POPULAR CONTROL IN GOVERNMENT 199 

sons may draft a law, and, on presentation of a petition signed 
by a prescribed percentage of the voters, may require the sub- 
mission of the proposed hiw either to the people themselves or 
to the legislature, as the state law may provide. The former, or 
direct form of initiative, dispenses with the legislature alto- 
gether; while the latter, oi- indirec^t form, uses the legislature 
as an intermediary, requiring the legislature either to pass the 
law or submit it to the people. The referendum works in a 
similar way: Where the referendum has been adopted, a law 
passed by the legislature goes into effect in due course after 
the expiration of a certain time unless in the meanwhile a 
referendum has been demanded. But any one may procure a 
referendum by presenting within the time limited a petition 
signed by a stated percentage of the voters, requiring the sub- 
mission of the law to the people. When such a petition is 
presented to the proper officials, the operation of the law is 
suspended until an election has been held to determine whether 
or not the law shall take effect. As it is not hard to get signa- 
tures to almost any sort of a petition, this device puts it into 
the power of almost any one to hold up and perhaps defeat 
legislation. The percentage of voters required to sign an initi- 
ative or referendum petition varies in the several states, rang- 
ing from 5 per cent to 15 per cent. 

The initiative and referendum have been used in Switzer- 
land for a long time, and seem to work pretty well in the small 
cantons of that country. The referendum has been used in 
this country from the beginning to a considerable extent. 
Constitutions and constitutional amendments have usually 
been submitted to the people. The referendum has also been 
employed in connection with questions of administration or 
public policy, such as the location of county-seats, the division 
of a county, the issue of bonds for public improvements, the 
prohibition of the sale of liquor, etc. But the initiative and 
referendum as applied to ordinary legislation were first intro- 
duced in this country by South Dakota in 1898. One or both 
of these devices have been adopted in somewhat varying forms 



200 GOVERNMENT AND THE PEOPLE 

in twenty or more states, but only in Oregon have they been 
used to any great extent. 

173. Is Direct Legislation Practicable? — Experience with 
direct legislation has probably been too limited to justify a 
final conclusion as to whether it is worth while as an instrument 
of democrac3^ All the arguments seriously urged in support 
of the plan of legislation by the people come to this, that the 
legislatures are incompetent, craven, or dishonest. It is charged 
that they are indifferent to the will or needs of the people, but 
ready enough to act in favor of some corporation or other 
powerful interest. In so far as this is true, are not the people 
themselves to blame, since they elect the legislatures? The 
true remedy, as already stated, is to send the right sort of men 
to the legislature and give them a chance to pass good laws. 
At all events it is a surprising doctrine that a people who can- 
not choose good legislators can perform the far more difficult 
task of passing good laws. As a means of controlling the legisla- 
ture, direct legislation is undoubtedly effective. The initia- 
tive forces the legislature to pass a law, and the referendum 
may prevent a law passed by the legislature from taking effect. 
But forcing or preventing legislation is not the same thing as 
securing good laws. As a mode of actual lawmaking, direct 
legislation is almost necessarily a failure. 

The business of governing, and especially the making of law, 
is a hard job. It requires ability, experience, concentration, 
deliberation, and discussion. It is a matter for experts work- 
ing under suitable conditions. It is generally easy to form an 
opinion as to what one wishes to accomplish by a law, but it 
is a far different matter to frame a law that will effect this pur- 
pose. A member of a legislature once said: "When I came to 
the legislature I introduced a bill to prohibit the manufacture 
of filled cheese. It would have done it all right, but it would 
have prevented the manufacture of all other kinds of cheese 
too." There is no use in trying to make a law unless one knows 
how. The people in the mass are not able either to frame good 
laws or to form an intelligent opinion as to whether or not a 



POPULAR CONTROL IN GOVERNMENT 201 

proposed law will work well. They can and should decide 
broad general questions of policy, and then leave to the legis- 
lature the task of passing laws to carry these policies into effect. 

The uselessness of the voter's voting on laws he knows noth- 
ing about has been recognized in the states which have adopted 
the initiative and referendum, and an attempt is made, by 
pi'inted explanations and otherwise, to educate the voters as 
to the laws submitted, but this does not seem to meet the in- 
herent difficulty of the case. In Oregon the law provides for an 
official "voters' pamphlet" of information. It is stated that 
'' With the steady increase of the number of measures submitted, 
the size of the pamphlet has increased, until at tlie election of 
1912 it contained 252 pages." After "wading tlirough" the 
])amphlet issued in connection with the submission of thirty- 
eight proposed bills in another election, the (Mlitor of an 
Oicgon paper declared that it was impossible for him to form 
an intelligent judgment on them, and that not 1 per cent of 
th(> voters would be able to cast an intelligent ballot. It 
has been claimed that one of the chief merits of direct legisla- 
tion is the increas(>d interest it creates among the people in 
public questions and the educational effect it has on the voter. 
Certainly it greatly increases the burden upon the voter, which 
was already one of the main causes of the undemocratic char- 
acter of the government. Where the burden is too great the 
voter will let it alone. 

174. The Recall. — Along with the initiative and referendum 
is commonly found the recall of elective officers. The details 
vary considerably in the different states, but the general plan 
is that whenever a certain percentage of the voters are dissatis- 
fied with the conduct or character of an officer they may, on 
petition stating their objection to him, require an election to 
(k^termine whether he shall remain in office. If the vote is un- 
favorable to the officer, he is retired; if in his favor, he re- 
mains in office. 

The recall was first introduced in this country in the charter 
of Los Angeles, California, in 1903, and affected, of course, 



202" GOVERNMENT AND THE PEOPLE 

only the officers of that city. In 1908 Oregon adopted the re- 
call for state-wide purposes, and it has since been adopted in a 
number of other Western states. The percentage of voters re- 
quired to force a recall election is higher than that required in 
case of the initiative or referendum, being in Oregon 25 per 
cent. The laws of the several states vary as to what officers 
are subject to recall. Judges are usually exempt, the indepen- 
dence growing out of certain tenure of office being especially im- 
portant in the case of the judiciary. In a few states, however, 
judges also may be recalled. 

The value of the recall is doubtful. There is certainly little 
necessity for it. Most elective officers are elected for compara- 
tively short terms, and if unsatisfactory need not be re-elected. 
For serious delinquency they may always be removed by im- 
peachment. Also it is hard to see how anything could be 
more calculated to destroy the independence of a public offi- 
cer than the knowledge that his faithful and honest discharge 
of his duty may render him at any time subject to removal 
upon the demand of those dissatisfied with his course. Ex- 
perience has not yet shown the usefulness of the recall, but 
has clearly proved its possibilities for evil. It may easily be 
made the instrument of personal spite or enmity. The personal 
enemies of an officer may use this means of "getting even" with 
him. In the few cases in which the recall has been used, munic- 
ipal officers or other minor officers have usually been the sub- 
jects, but in 1921 the governor and other state officers of 
North Dakota were so removed. 

175. The Short Ballot. — The main reason for increasing the 
number of officers to be elected by the people was to make the 
government more democratic by giving the people more direct 
control over it; but we have seen that it often had just the op- 
posite effect and leads to the control of the government by 
the political managers, who in fact select the candidates. The 
failure of this plan is leading to the adoption of the short ballot, 
so called because it contains only a few names and is therefore 
short. 



POPULAR CONTROL IX CiOVERNMENT 203 

This is a return to the representative principle. The people 
vote for only a few officers, such as the members of the legis- 
lature, the governor, and a few other of the more important 
officers. All other officers are either chosen by the legislature 
or appointed by the governor or other high officer. The idea 
of the short ballot is to concentrate the attention of the voters 
upon the election of a few officers, give these power to choose 
the other officers, and then hold them responsible not only for 
their own conduct but also for the selection and conduct of 
their appointees. This is the plan of the federal government 
and at first was the plan of the state governments also. It is 
the only plan by which democratic government on a large scale 
has ever been really successful. The federal government is 
usually considered more successful than that of the states, and 
under the federal system the people vote only for presidential 
electors and members of Congress. 

Experience has shown that the state and city governments 
are too complicated and require too much of the voter to work 
well. As Woodrow Wilson said: ''Elaborate your government; 
place every officer upon his own dear little statute; make it 
necessary for him to be voted for; and you will not have demo- 
cratic government. . . . The remed}^ is contained in one word : 
simplification. Simplify your processes, and you will begin to 
control; complicate them, and you will get farther and farther 
away from their control. Simplification ! simplification ! 
simplification! is the task that awaits us; to reduce the num- 
ber of persons to be voted for to the absolute working mini- 
mum — knowing whom you have selected; knowing whom you 
have trusted; and having so few persons to watch that you can 
watch them." Likewise Theodore Roosevelt said: "I believe 
in the short ballot. You cannot get good service from the pub- 
lic servant if you cannot see him, and there is no more effective 
w-ay of hiding him than by mixing him up with a multitude of 
others so that they are none of them important enough to 
catch the eye of the average workaday citizen. . . . You will 
get best service when you elect only a few men, and where each 



204 GOVERNMENT AND THE PEOPLE 

man has his definite duties and responsibihties, and is obliged 
to work in the open, so that the people know who he is and 
what he is doing, and have the information that will enable 
them to hold him to account for his stewardship." 

The short ballot has been put into operation in scores of 
cities, which have adopted the commission form of government, 
but the reform has not been introduced to any extent in the 
state governments, the tendency being rather toward making 
more and not fewer state officers elective. 

176. Public Opinion. — In a democracy the people are the 
real sovereigns. The public officers are their servants in duty 
bound to carry out the will of the people. But the unor- 
ganized pubfic has no will. The average citizen wants good 
government, but he cares little for details. He is not interested 
in particular measures or policies. Nevertheless, democracy is 
essentially government by public opinion, that is, organized 
-public opinion. This is the real force behind the government. 
Whenever any considerable number of the electorate are led, 
through education and organization, to demand any particu- 
lar legislation, they usually get what they want. 

The unorganized majority has little power, but a highly or- 
ganized and determined minority can put through almost any 
measure they go after. Some of our most important laws have 
been so forced through Congress or the state legislatures. 
Legislators and public officers care little for the opinions of 
unorganized individuals, however numerous, but to an in- 
sistent demand from an organized body of voters they almost 
always yield. It is by the force of organized pubHc opinion, 
far more than by any such devices as the initiative, the referen- 
dum, or the recall, that the government is made responsible to 
the people. The question is, how may public opinion be de- 
veloped, moulded, and organized? 

The most important agency for developing and influencing 
public opinion is the press. It is by newspapers and other 
publications that the public is kept informed as to what is 
going on, and public opinion is formed and expressed. Without 
the press, democracy would be impossible. This is what makes 



POPULAR ("OXTROL IN GOVERNMENT 205 

the freedom of the press so important. Crookedness and in- 
competence in pul)lic life cannot stantl pul)Iicity. It was the 
exposures in the New York Times and the cartoons of Thomas 
Nast that caused the overthrow of the Tweed Rinp in New York 
(^ity in 1871. 

Next to the press, societies and associations aic most influ- 
ential in mouldinjj; and organizing public opinion. It has been 
remarked that it is the capacity of the Anglo-Saxon i-ace for 
organization and team work that makes it capable of self- 
government. Whenever an American wants to get anything 
done in his comnmnit}^, he almost instinctively proceeds to 
organize some conunittee, club, or association to put it through. 
Most important citizens l)elong to one or more permanent or- 
ganizations which can influence public opinion in civic and 
political matters, and it is always easy to get up an association 
for sonu; particular piu'pose. There are hundreds of organiza- 
tions in this country seeking to direct public affairs in one 
matter or another. These organizations may be classified gen- 
ei-all}' as follows: 

1. Associations of persons engaged in trade, business, or 
industry. Practically all persons engaged in gainful occupa- 
tions have their own associations, often with paid secretaries 
or other officers, and with their own periodicals. Thus there 
ai-e associations of manufacturers, bankers, publishers, mer- 
chants, laborers, mechanics, employees, farmers, etc. By prop- 
aganda and pressure upon legislatures they work to secure 
legislation favorable to their own special interests, which fre- 
(luently conflict with the interests of other occupations and of 
the pul)lic. These associations are often very influential. 
Concerted action by farmers and others secured the establish- 
ment by Congress of the parcel post service, which the public 
had long wanted but which had been withheld through the 
influence of the express companies. In 1916 a combination 
of railway employees, l)y threat of a nation-wide strike, se- 
cured the passage of the Adamson Law regulating wages and 
hours of labor. 

2. Associations of professional men and women. The ac- 



206 GOVERNMENT AND THE PEOPLE 

tivities of these associations are almost wholly in the interest 
of the public. Besides improving professional standards, they 
have secm-ed the enactment of many valuable laws. Thus the 
American Bar Association has promoted much useful recent 
legislation, such as the uniform state laws relating to negotiable 
instruments and other commercial subjects; medical associa- 
tions have advocated health laws; educators have secured the 
adoption of school laws, and so for the other professions. 

3. Societies for the promotion of social and economic prog- 
ress. Such are the many voluntary organizations for the pro- 
motion of laws relating to taxation, child labor, public health, 
good roads, conservation, temperance, Sunday observance, 
manufacture and sale of cigarettes, tipping, cruelty to animals, 
vivisection, etc. Since any one who has a hobby may get up 
an organization to promote it, there is no limit to the range 
of such organizations. One of the most influential is the Anti- 
Saloon League, which, with the help of kindred organizations, 
secured the enactment of many prohibition laws and the adop- 
tion of the Eighteenth Amendment to the Constitution. 

4. Associations concerned with the improvement of the gov- 
ernment itself. Such are the Short Ballot Organization, the 
Direct Legislation League, the Bureau of Municipal Research, 
the National Association for Constitutional Government, and 
others.* 

Questions 

1. What form of democratic government was established in this coun- 
try after the Revolution ? How do the voters control under this system ? 
What is the present federal system? State some changes that have been 
made in this country with a view to making the government more demo- 
cratic. 

* The literature relating to the comparatively new subjects dealt with 
in this chapter is already extensive. See chap. XXIII of Beard's "Ameri- 
can Government and Politics," and chap. XXVII and XXIX of Young's 
"New American Government." See also Barnett, "Operation of the In- 
itiative, Referendum, and Recall in Oregon," and "Short Ballot Princi- 
ples," by Richard S. Childs, secretary of the National Short Ballot Or- 
ganization. 



POPULAR CONTROL IN GOVERNMENT 207 

2. What officers are elected by the people in the case of the federal 
governmeint? What was the rule under the early state constitutions? 
Does the increase in the number of elective offic(!rs make the government 
more or less demot^ratic? Suppose the number of officers to be voted for 
is so great that the voter docs not know them, what does his vote amount, 
to? 

3. What is "invisible" government, and why is it so called? What 
conditions must be satisfied before a voter can vote intelligently for a 
public officer, or determine whether an officer has been efficient? Should 
a judge be elected by the people ? a state engineer ? the attorney-gen- 
eral ? 

4. What is "direct" legislation? Is the principle of direct legislation 
old or new? Describe the initiative; the referendum. Why have they 
been adopted in some states? Could the voters of a city vote intelligently 
on the question whether or not the city should construct its own water 
system? If they voted to build the system, could they intelligently elect 
an engineer to do the work, ou decide as to the merits of an ordinance 
regulating the use of the water? 

5. What is the recall and why has it been adopted in some states? 
What effect, if any, might the recall of judges have upon their decision 
of cases? Can the votei's decide intelligently as to whether judges have 
correctly applied the law? 

0. What is the "short ballot"? Wovdd its use make the government 
more or less democratic? AVhat did Mr. Wilson and Mr. Roosevelt say on 
this subject? 

7. How can public opinion be made effective in controlling the govern- 
ment? Name some of the agencies used to develop and direct public 
opinion. 



PART III 
PUBLIC PROBLEMS AND ACTIVITIES 

CHAPTER XX 
THE FUNCTIONS OF GOVERNMENT 

177. The Objects of Government in General. — The great 
objects of government are perhaps nowhere better stated than 
in the preamble of the federal Corlstitution, namely, ''to es- 
tablish justice, insure domestic tranquillity, provide for the 
common defense, promote the general welfare, and secure the 
blessings of liberty to the people." How much the government 
will do to accomplish these objects will depend upon the state 
of society. 

In a primitive community the functions of government are 
few and simple, but as civilization advances and society be- 
comes more complex, the activities of government multiply. 
In a general way the great duty of government is to maintain 
and regulate society. The primary functions of the govern- 
ment are to protect the people from danger from without, to 
preserve order at home, and to establish justice between in- 
dividuals. Unless these duties are performed, society cannot 
exist in peace and safety. Every government worthy of the 
name aims to do this much. Without protection by the gov- 
ernment, neither life nor property would be secure. If every 
man had to protect himself, productive industry would lan- 
guish and civilized society would be impossible. 

But beyond the discharge of these essential functions of 
government, modern governments do many other things for 
the mere convenience, prosperity, and happiness of the people. 

208 



THE FUNCTIONS OF GOVERNMENT 209 

Conspicuous among these useful but not absolutely necessary 
functions of government may be mentioned: providing a cur- 
rency and a postal service, public education, the promotion of 
health, the regulation of trade and industry, and the mainte- 
nance of public roads and public utilities, such as water -works, 
lighting systems, and the like. In all its activities the gov- 
ernment is the co-operative agency of the people to do for 
them what they could not as individuals do for themselves. 

178. Theories as to the Province of Government. — There 
has been much difference of opinion as to how far the govern- 
ment should take a hand in the affairs of the people. There 
are two leading theories on this subject, with various inter- 
mediate shades of opinion between them. These theories are 
the Individualistic and the Socialistic theories of the province 
of government. 

The Individualistic Theory, in its extreme form, is that the 
sole function of the government is to protect the people from 
force and fraud, and that when this is done the individual 
should be let alone to manage his own affairs. This is the doc- 
trine of laissez-faire, or "letting alone." It is contained in the 
maxim that that government is best which governs least. In 
its extreme form the Individualistic theory would not admit 
of the coinage of money by the government, or the establish- 
ment of the postal service, or the maintenance of almshouses, 
or the doing of anything whatever except for the protection of 
the people. It is hardly necessary to say that this theory in 
its extreme form has never been applied in practice. However, 
the general theory of laissez-faire has been held and applied in 
this country from the beginning, though with less force in re- 
cent years. 

The Socialistic Theory is that the government should do al- 
most everything i elating to the material wants of the people. 
The term socialism is used indefinitely in common speech. To 
some a socialist is the same as an anarchist or bomb-thro wei'. 
Some socialists throw bombs, but a socialist is a very different 
person from an anarchist. An anarchist professes to believe in 



210 GOVERNMENT AND THE PEOPLE 

no government at all, but a socialist advocates a very extreme 
and highly centralized form of government. Anarchists and 
socialists agree only in that both are opposed to the present 
system. 

Socialism is a theory or programme for the nationalization 
of productive industry by the substitution of state ownership 
and control of natural resources and all the means and processes 
of production for private ownership and management. Pro- 
duction and distribution would be entirely in the hands of the 
state, which would run all factories, mines, railroads, farms, 
etc., and distribute the products to the citizens according to 
their individual shares as determined by the state. The aim 
of the socialist is to abolish individualism in industry, and 
the present competitive and capitalistic system. Individuals 
would still be permitted to own the things they actually use, 
l:)ut all means of production would be owned and all industries 
operated by the state. No such scheme has ever been put into 
operation, and socialists do not agree among themselves as to 
some of the most important details of the plan. Socialists have 
been active in politics, and the Socialist party has been very 
strong in Europe, especially in Germany, and has had some in- 
fluence in the United States. 

But while socialism as a programme seems impossible of reali- 
zation in this country, the principle of collectivism, or co-oper- 
ation, is being applied on a rapidly increasing scale. Some- 
times it takes the form of combined effort by voluntary as- 
sociations and sometimes " the government is the collective 
agency employed. 

179. Early Individualism in the United States. — At first 
the part taken by the government in the every-day life of the 
people was small. The federal government took care of foreign 
relations and provided for the common defense, and to a slight 
extent regulated foreign and interstate commerce by water, 
and also coined money and supplied a postal service. The 
states maintained law and order within their borders and de- 
fined and secured to the individual the usual rights of property 



THE FUNCTIONS OF GOVERNMENT 211 

and contract, and then left him to pursue happiness and pros- 
perity in his own way with little interference and almost no 
help from the state. 

Both the spirit of the times and the simple living conditions 
of those days made for individualism. Families and commu- 
nities were largely able to take care of themselves. The people^ 
lived mostly on farms and easily supplied nearly all of their 
simple wants from their own resources. They built their own 
houses from materials found close at hand; they raised theii- 
own food; they made their own clothes from their own wool 
and linen, which they spun and wove themselves; they dipped 
their own candles; they cut their own fire-wood; the local water- 
mill ground their corn and wheat for a share of the grain, and 
at the local forge were made their nails and most of their simple 
tools and farming implements. In some sections the small 
amount of iron used was mined and smelted in the neighborhood. 
In the country the people supplied themselves with almost 
everything they needed except money, and they had little use 
for money except to pay their small taxes. 

Town life was about as simple. There were no large cities, 
and industrial and commercial establishments were on a small 
scale. Corporations were practically imknown. Business and 
manufacturing were carried on in small stores and shops, in 
which the proprietor often worked side by side with his em- 
ployee. Transportation on land was by stage-coach, horse- 
back, or private conveyance, and on water in boats, barges, and 
small sailing-vessels. The roads were wretched and entirely 
in charge of the local authorities. There were no state or na- 
tional highways. 

Under these conditions business and industry practically 
regulated themselves. The law of supply and demand fixed 
the prices of commodities and the wages of labor. Individuals 
stood on substantially equal terms and could make their own 
bargains. In the absence of great cities and factories, living 
and working conditions were generally safe and healthful. By 
revolution the people had won political liberty, and under the 



212 GOVERNMENT AND THE PEOPLE 

social, economic, and industrial conditions of the times they 
were still economically free. Altogether, there was little for 
the government to do but to protect the individual in what he 
could do and get for himself. 

180. Change in Social, Economic, and Industrial Condi- 
tions. — We are now living, as it were, in a different world. The 
political revolutions of the eighteenth century did not bring 
about more sweeping changes in governmental systems than 
the changes produced in civilization itself by the astonishing 
developments of science and the mechanical arts in the past 
hundred and fifty years. The invention of the steam-engine 
and labor-saving machinery has revolutionized transporta- 
tion, and the development of the corporation and modern 
financial methods has done the same for business. This is the 
age of Power. Until about a centurj'- and a half ago there had 
been practically no advance in the application of natural forces 
to industry since the time of the ancient Egyptians. The work 
of the world was still done by men and animals with a little 
help from windmills and water-wheels. 

The great change began with the invention of the steam- 
engine by James Watt about the time of the American Revolu- 
tion. Now steam, electricity, and gasolene are doing a great 
part of the world's work. Manufacture has been transferred 
from the home and the small shop to the factory. The railroad, 
the steamship, and the telegraph and telephone have super- 
seded the crude agencies of transportation and communication 
of a century ago and brought communities and nations close 
together. 

Under these modern conditions social and industrial indi- 
vidualism no longer exists. Production and transportation are 
now mostly in the hands of corporations operating on a large 
scale. The former personal contact between employer and 
employee has almost disappeared. The president of a great 
corporation is a stranger to its hundreds or thousands of em- 
ployees. The employee is no longer a personality, but only a 
unit in a labor group or union. Individuals do not deal with 



THE FUNCTIONS OF GOVERNMENT 213 

individuals, l^ut capital is pitted against labor. Industrial 
warfare, with destructive strikes and lockouts, has often pros- 
trated business and caused wide-spread loss and suffering. 

Certain lines of business and production have been largely 
monopolized by small groups of capitalists, who have acquired 
control by buying out competitors or destroying them by ruin- 
ous competition. To these groups the public must pay tribute 
to obtain the necessaries of life. Opposed to combinations of 
capital have arisen the great labor unions. Neither capital 
nor labor shows much concern for the consuming public, which 
has been ground, as it were, between the upper and nether 
millstones, for in the end the public pays most of the cast of 
industrial warfare. Again, the rise of great cities and the at- 
tendant congestion of population have made living conditions 
hard and unhealthful for the poor, and the raising of the stand- 
ards of living has made living more costly for all. In mines 
and factories long hours and unsafe and insanitary working 
conditions have proved destructive to the health and lives of 
workers. 

181. Dependence of the Individual upon the Community. — 
Along with other changes has come a condition of individual 
helplessness. The individual can no longer provide for his own 
wants, but is compelled to depend upon the community at 
large for aid in supplying his needs. Everywhere the people 
are obliged to depend upon each other. More than half of the 
people of the United States live in cities and towns and are 
dependent for food, clothing, fuel, and most of the necessities 
of life upon the products of distant places. These are brought 
from the various places of production or manufacture to the 
consumer, who has no control over and only a hazy knowledge 
of the many different agencies ]:)y which his wants are supplied. 

In almost everything the individual living in the city is to 
some extent dependent upon some one else. He cannot spend 
a single day in comfort without receiving the benefit of 
the services of many persons scattered throughout the coun- 
trj'. Discomfort or disaster may come to him if these fail to 



214 GOVERNMENT AND THE PEOPLE 

do their part. A breakdown in the municipal water system, or 
lighting plant, or telephone system, may cause great incon- 
venience; a strike at the coal mines may paralyze industry; 
a tie-up of the transportation system may bring ruin and star- 
vation; the failure of the public authorities to inspect the milk 
or the food supply, and to enforce sanitary regulations, may 
cause pestilence and death. 

Those who live in the country are only in a less degree de- 
pendent than those who live in towns. Also community is 
dependent upon community. Onlj^ by combination and co- 
operation can this condition of individual helplessness be met. 
The organization in which all the people of the state combine 
their strength is the government. The government alone is 
strong enough to cope with and control the conditions of mod- 
ern economic and industrial life, and secure to the individual 
the liberty and well-being which in simpler times he could secure 
for himself. This part of this book will be devoted to a further 
examination of these problems and some account of how they 
are being met. 

182. Government Regulation of Individual Conduct. — This 
condition has another side. The dependence of the individual 
upon the community justifies and requires that the community 
should have power to control to some extent at least the in- 
dividual 's own conduct. It is not always easy to decide how 
far the government should undertake to regulate the conduct 
of individuals and especially their private life. Certainly every 
member of a community should be required so to conduct 
himself as not to injure any one else, and also to perform his 
positive duties toward society, such as paying taxes, serving 
on juries, rendering military service, and the like. 

But every regulation by the public of individual conduct 
should be with a view to the interest of the public and not for 
the personal good of the individual. Personal conduct should 
be the subject of community action only when it affects the 
public. Insane persons, minors, and other persons not able 
to take care of themselves, may properly become the objects of 



THE FUNCTIONS OF COVERNMENT 215 

community care, l)ut not adults in full possession of their 
faculties. For the state to require a grown man, for example, 
to learn to read, or to take exercise for his health's sake, or to 
save his money, would be highly tyrannical, though doing these 
things might be very ])eneficial to him. Likewise prohibiting 
him to do things that he wants to do just because the public 
opinion of the moment pronounces these things wrong, or be- 
cause he may injure himself in doing them, is equally tyran- 
nical, where his doing of these things cannot injure others. In 
applying this principle it is sometimes hard to tell when indi- 
vidual conduct will or will not affect others. 

On this subject one of the most profound of modern thinkers 
says:* "Whatever theory we adopt respecting the founda- 
tion of our social union, and under whatever political institu- 
tions we live, there is a circle around every individual human 
being, which no government, be it that of one, of a few, or of 
the many, ought to be permitted to overstep; there is a part 
of the life of every person who has come to years of discretion, 
within which the individuality of that person ought to reign 
uncontrolled either by any other individual or by the public 
collectively. That there is, or ought to be, some space in human 
existence thus entrenched around, and sacred from authorita- 
tive intrusion, no one who professes the smallest regard to 
human freedom or dignity will call in question; the point to 
be determined is, where the limit should be placed, how large 
a province of human life this reserved territory should include. 
I apprehend that it ought to include all that part which con- 
cerns only the life, whether inward or outward, of the in- 
dividual, and does not affect the interests of others, or affects 
them only through the moral influence of example." The 
disregard of this principle by the state in regulating personal 
conduct would be an abridgment or denial of personal liberty. 
The guaranties found in the state and national constitutions 
are intended to prevent tyranny of this sort. 

*J. S. Mill, "Principles cf Political Economy," II, p. 560. 



216 GOVERNMENT AND THE PEOPLE 

183. May the Government Do Too Much? — Thomas Jeffer- 
son would probably be astonished and even alarmed if he could 
suddenly appear in our midst and see to what extent the gov- 
ernment is regulating the affairs and ministering to the wants 
of the people. If that people are best governed who are least 
governed, the people of this country must be among the worst 
governed peoples in the world, for what government does more 
for the people than the government of this country? But the 
end is not yet. The people are always calling for more. If 
anything goes wrong, some one wants to pass a law about it 
immediately; if there is destitution or suffering, government 
help is called for; if our neighbor does not behave himself to 
suit us, we demand that the authorities take him in hand. 

Most fortunate are the people of this country in having a 
strong and helpful government, and the wide-spread and grow- 
ing spirit of mutual helpfulness and community service is some- 
thing to be thankful for, but there must be some limits to com- 
munity action, some things which the individual should do for 
himself. The greatness of this country is mainly due to the 
achievements of self-reliant individuals, men and women who 
feared neither work nor hardship, who never asked that the 
government take care of them, but only that they be given a 
chance to take care of themselves. The community should 
do whatever requires community action, and the higher the 
civilization the more this will be, but whenever the community 
goes much beyond this, and does for the individual what he 
can and ought to do for himself, it does him harm and not good, 
for it weakens his self-confidence, which, says Schiller, "has 
always been the parent of great actions." Just as too much 
charity makes paupers, too much paternalism in government 
may make weakhngs. Lord Bryce has recently called our at- 
tention to the fact that we seem no longer to produce great 
leaders. If this be true, is it in part caused by the decay of in- 
dividualism in our national life ? Is our mass action producing 
mediocrity ? 

Over thirty years ago President Cleveland declared: "I do 



THE Fl'NCTIONS OF GOVERNMENT 217 

not believe that the power and duty of the general government 
ought to be extended to the relief of individual suffering which 
is in no manner related to the public service or benefit. A prev- 
alent tendency to disregard the limited mission of this power 
and duty should, I think, l)e steadfastly resistcnl, to the end 
that the lesson should be constantly enforced that, though the 
people support the government, the government should not 
support the people." We have moved far since these words 
were penned, but they are echoed in the similar utterance of 
President Harding that: "We must combat the menace in the 
growing assumption that the state must support the people, 
for just government is merely the guaranty to the people of 
the right and opportunity of that people to support them- 
selves." It may do no harm to remind ourselves that, first 
and last, the success and happiness of the individual depends 
upon himself. 

"How small of all that human hearts endure, 
That part which laws or kings can cause or cure! 
Still to ourselves in every place consigned, 
Our own felicity we make or find." 



Questions 

1. What are the objects of government as set forth in the Preamble to 
the Constitution? As civilization advances may we expect the govern- 
ment to do less or more? Why? What is the least that any government 
should do? 

2. Give an example of the necessary functions of government; of the 
optional functions. What is the doctrine of laissez-faire? Would it work 
well in this country at present? Would this country be prosperous if no 
one was allowed to own anything individually, but in return for his labor 
was taken care of by the state? How has this plan worked in Russia? 

3. Why did the government take so little part in the regulation of 
business and other ordinary affairs of life one hundred years ago? What 
has caused the great increase in the activity of the government in this 
respect ? 

4. What is the great community agency through which the individual 
citizen is able to cope with great combinations of labor or capital? What 



218 GOVERNMENT AND THE PEOPLE 

is economic liberty? Is the American citizen as economically free as he 
was one hundred years ago? 

5. Name some of the things which are used in your home which your 
family produced or obtained for itself, without the help of other persons. 
How do you get your clothes, food, water, light, fuel, medicines? 

6. In general what part of an individual's conduct should be regulated 
by law? Should a man be required to take exercise; to eat prudently; to 
learn to read? Should the law prohibit smoking, dancing, playing golf on 
Sunday, swearing when done in private where no one can hear, drinking 
intoxicating liquor in private? Should the state punish a man for commit- 
ting a sin where the act done does not affect other persons? How if the 
act might influence others to commit the same sin? 

7. If the law's prohibitions are made to cover matters which the great 
mass of the people do not think should be prohibited, will the law be 
obeyed? In such case should one who disapproves of the law advise that 
it be disobeyed or that it be enforced ? What is the best means of bringing 
about the repeal of an unpopular law? 

8. Is it true that the government is best that governs least? To what 
extent should the government help the people to make a living? Would 
it be a wise thing for the government to give every person in the state an 
annual allowance for food and clothes? Where would the government 
get the money for paying such allowances? Ought the state to support 
the aged, insane, or physically disabled who are without other means of 
support? 



CHAPTER XXI 
PUBLIC FINANCE 

184. The Cost of Government. — Government is expensive; 
how expensive may be seen from even a very shght examination 
of the figures on the subject. And it is much more expensive 
than it used to be. This is partly because the government 
does so much more for the people than it used to do, and partly 
also because the richer and more prosperous the country be- 
comes, the more money it will spend. The rise in the American 
standard of living affects the government like everything else. 
In 1816 Congress appropriated $8,000,000 for the construction 
of a small navy consisting of nine seventy-four-gun ships, twelve 
forty-four-gun ships, and three steam batteries — twenty-four 
ships in all. One modern battleship, of the latest type com- 
pletely equipped, costs more than $40,000,000. The increase 
in most other lines is not so great, but is large. 

Our three governments, national, state, and local, are all 
busily spending money in rendering the service which the people 
demand. Of the total amount spent, it is estimated that, in 
normal times, the national government spends about one-third, 
the state and county governments nearly one-seventh each, 
and the municipal governments about three-sevenths. Most 
of this money is raised by taxation. 

The normal net annual expenditure of the federal government 
just before the World War was about $660,000,000. The aver- 
age for the ten fiscal years 1910-1919, excluding the cost of 
the war, was $661,548,870. Of this amount about $164,000,- 
000 went for pensions and the care of disabled soldiers (mostly 
pensions on account of the Civil War) and $262,000,000 for 
the support of the army and navy. The total amount spent 

219 



220 



GOVERNMENT AND THE PEOPLE 



annually for war purposes, in peace times, was therefore about 
$426,000,000, or about 65 per cent of the total expenditure 
of the national government. 

In 1910 the United States spent $432,000,000 on war, al- 
though this country had been at peace since 1865, except for 




U. S. SUBMARINES IN THE GATUN LOCK OP THE PANAMA 

CANAL. 



the few months of the Spanish-American War in 1898 and oc- 
casional scrimmages with the Indians. The amount spent on 
pensions alone in two years would have nearly paid for the 
construction of the Panama Canal. The total civil expenditures 
during the period 1910-1919 averaged $211,337,288. This 
does not include the expense of the Post-Office Department, 
which is largely self-supporting, and occasionally makes a prof- 
it. The postal receipts for 1914 were about $288,000,000 and 
the cost of the service about $284,000,000. The net annual 
cost of the federal government in normal times is about $7 



PUBLIC FINANCE 221 

or $8 per capita, which is not so bad after all when one con- 
siders how much this government does for the people. 

Since the entrance of the United States in 1916 into the 
World War, the expenditures of the government have vastly 
increased, and they were greater in the years immediately fol- 
lowing the close of the war in 1918 than during the war. The 
total expenditure of the federal government in 1920 was more 
than four and one-half billion dollars ($4,582,000,000). Most 
of this was for war. The amount spent on account of past wars 
is placed at $2,890,000,000, or 63.2 per cent of the whole. In 
preparation for future wars there was spent $1,348,000,000, or 
29.4 per cent. The total amount spent on past and future wars 
was more than four billion dollars ($4,238,000,000), or about 
93 per cent of the total expenditure. The total cost of all the 
civil departments of the government was $220,000,000, or less 
than 5 per cent of the whole. For public works, research, 
public health, education, and irrigation, forestry, and other 
development work, there was spent $124,000,000, or about 
2.7 per cent. 

Summing up: of every dollar spent by the United States 
Government in 1920, ninety-three cents went for war and seven 
cents went for all other purposes. Putting it another way: 
the government spent thirteen times as much on war as on all 
other purposes put together. Think of the universities that 
might have been endowed, the thousands of miles of roads 
that might have been constructed, the hospitals that might 
have been built, the libraries that might have been established, 
with only a part of the $4,000,000,000 spent by the United 
States on war in a single year ! 

185. Cost to the United States of the World War.— No 
government ever spent money with so lavish a hand as did 
the government of the United States during the period of the 
World War. This country did not go actively into the war 
until April, 1917, and hostilities ceased on November 11, 1918; 
but the period of abnormal expenditure on account of the war 
did not end when the actual war ended. In fact nearly twice 



224 GOVERNMENT AND THE PEOPLE 

as much money was spent on account of the war during the 
year ending June 30, 1919 ($13,784,896,245), as during the 
year ending June 30, 1918 ($7,986,242,636). The total ex- 
penditures over the estimated normal expenditures on a pre- 
war basis during the four years (1917-1920) ending June 30, 
1920, amounted to the inconceivable sum of nearly twenty- 
six bilHon dollars ($25,982,723,219). 

Much of this was raised by loans to the government, but 
nearly twelve billions ($11,818,699,300) were raised by extra 
taxation. In other words, during these four years the people 
of the United States paid over and above the estimated normal 
expenses of the government 45.5 per cent of the cost of the 
war, leaving only 54.5 per cent to be paid in the future. Un- 
fortunately, the extraordinary expenditure on the army and 
navy has not yet ceased, and it now seems that the war ex- 
pense of the government will be for an indefinite period far 
greater than it was before 1917. Pensions and bonuses, if 
nothing else, will probably keep it going. To the cost of the 
war should be added about nine and one-half billion dollars 
($9,445,006,855) loaned to foreign governments to help them 
carry on the war. 

186. The Financial Powers of Congress — ^The Taxing 
Power. — The Constitution vests the federal government with 
ample financial powers, the very first power granted to Con- 
gress being the power to tax, and the second being the power 
to borrow money. First, as to the taxing power. It is pro- 
vided that: "The Congress shall have power to lay and collect 
taxes, duties, imposts, and excises, to pay the debts and pro- 
vide for the common defense and general welfare of the United 
States; but all duties, imposts, and excises shall be uniform 
throughout the United States." 

A tax is a charge imposed by the government on persons or 
property for the purpose of raising money for the support of 
the government or for carrying on its operations. Taxes are 
imposed upon the theory that they are merely contributions 
by the taxpayer in return for the protection to life, liberty, 
and property, and for the various other benefits afforded by 



PUBLIC FINANCE 225 

the government. Without the power to tax, the government 
could not l)e carried on, but at the same time no power of th(^ 
government- is more far-reaching or more easily abused than 
the taxing power. Since it strikes the citizen in a tender spot 
— his pocket — the people are extremely sensitive to the way in 
which the power is exercised. For the political party in power 
to increase taxes without showing a corresponding benefit to 
the people is one of the easiest ways to invite defeat at the 
next election. 

The laying of a just and workable tax is one of the most im- 
portant and difficult tasks which the government has to per- 
form. The selection of the things to be taxed, and the mode 
of laying the tax, and the rate of taxation, require the highest 
degree of care and judgment if the result is to be satisfactory. 
Probably no one task of the government has given the authori- 
ties more trouble or the people less satisfaction than the exei- 
cise of the power of taxation. 

187. Particular Rules as to Taxation by Congress.— All 
taxation must be for some public purpose. The Constitution 
authorizes Congress to lay and collect taxes, "to pay the debts 
and provide for the common defense and general welfare of the 
United States." These very general purposes for which Con- 
gress may tax seem to include every possible public use com- 
ing within the general authority of the federal government. 
The manner of laying taxes is prescribed in the Constitution. 
In this connection taxes are divided into direct and indirect. 
It is provided that direct taxes shall be apportioned among the 
state according to population. In laying a direct tax, Con- 
gress must first decide the total amount to be raised, and then 
apportion it among the states, collecting from each state the 
same part of the entire amount to be raised as the population 
of the particular state is of the total population of the United 
States. This is a very awkward mode of laying taxes, and Con- 
gress has rarely imposed direct taxes.* 

* Direct taxes were laid on real estate in 1798, 1813, 1815, 1816, antl 
1861. These are the only instances in which Congress has undertaken to 
lay direct taxes. The income tax of 1894 was laid as an indirect tax, but 



226 GOVERNMENT AND THE PEOPLE 

The Constitution provides that "all duties, imposts, and 
excises shall be uniform throughout the United States." Such 
taxes are the indirect taxes, though that term is not used in 
the Constitution. The lyiiformity required is geographical 
7miformity, not that everything shall be taxed at the same 
rate. It means that the rate on any particular thing must be 
the same wherever the thing is found. It may not be taxed 
at one rate in one state and at a different rate in another state. 
Thus, the rate of duty on imported tobacco, for example, must 
be the same at every port at which such tobacco is received 
into this country. A similar provision is the prohibition against 
giving preferences to the ports of one state over another. 

With two exceptions, Congress may tax everything that is 
in its nature taxable. All kinds of property and business and 
occupations of evTry sort may be taxed. Congress may lay 
a poll (capitation) tax, but has never done so. But both Con- 
gress and the states are expressly forbidden to tax exports. 
This is to prevent the placing of a burden upon the foreign 
trade of the country. A tax on exported goods might put 
American producers at a disadvantage in competing with foreign 
producers in foreign markets, for the amount of the tax would 
have to be considered in fixing the price of the goods. 

This is the onh' express limitation on Congress as to what 
may be taxed. But by implication Congress is prohibited from 
taxing the governmental agencies of the states. "The power 
to tax," declared Chief Justice Marshall, "involves the power 
to destroy." If Congress were permitted to tax the public 
agencies of the states, it might put the state governments out 
of existence by taxing them to death. A small tax on state 
bonds, for example, might make it impossible for the state to 

the Supreme Court held it to be direct. There has been much discussion 
as to what is a direct tax, but so far tlie Supreme Court has held only the 
following to be direct taxes in the constitutional sense: (1) capitation 
tax; (2) tax on real estate; (3) tax on personal property according to its 
value; (4) tax on the income from real estate; (5) tax on the income from 
personal property'. 



PUBLIC FINANCE 227 

borrow money. No one would buy state bonds if the tax ho 
had to pay on them e(iualletl or exceeded the interest paid by 
the state on the bonds. The Constitution contemplates the 
continued existence of the states as well as of the Unitetl States, 
and therefore impliedly forbids Congress to tax state bonds, 
the process or proceedings of state courts, the salaries of state 
officers, or any other governmental agencies of the state. On 
the same principle, a state may not tax the agencies of the fed- 
eral government. 

188. Customs and Internal Revenue. — Federal taxes are 
divided into two general classes, customs and internal revenue, 
though neither of these terms is used in the Constitution. Cus- 
toms are duties or imposts on articles or commodities imported 
into this country from foreign countries. The internal revenue 
includes the various excises and the tax on incomes. Prior 
to the Civil War the federal government was supported almost 
entirely by the revenue from customs, very little use being 
made of the power to impose internal taxes. Since 1863 the 
receipts from internal taxation and from customs have been 
about the same. The most important single items have been 
the tax on .distilled and fermented liquors and tobacco, and, 
since the adoption of the Sixteenth Amendment in 1913, on 
incomes. 

The total receipts of the federal government for the year 
ending June 30, 1914, immediately before the outbreak of the 
World War, were about .$735,000,000, of which $292,000,000 
came from customs and $380,000,000 from the internal revenue. 
The receipts from the tobacco tax were al^out $80,000,000; 
from the tax on intoxicating liquors, about $220,000,000; from 
corporation income tax, $32,000,000; and from individual 
income tax, $28,000,000. It will l)e seen that the tax on to- 
bacco and intoxicating liquors yielded about $300,000,000, 
or nearly three-fourths of the entire internal revenue, and nearly 
half of the entire income of the government. This was the 
latest normal year, taxes since the war began being vastly 
greater. The total internal revenue for the year ending June 



228 GOVERNMENT AND THE PEOPLE 

30, 1919, was $3,840,230,995, of which $2,600,762,734 was 
income and excess-profits tax. 

The federal government first taxed incomes in 1861 to meet 
the expenses of the Civil War. This tax was continued until 
1872, when it Avas dropped, and from that time until 1894 there 
was no federal income tax. In 1894 Congress passed a new 
income-tax law similar in general form to the earlier law, the 
tax in both cases being laid uniformly as being an indirect tax. 
But in 1895 the Supreme Court, in the famous Income Tax 
Case, held the law unconstitutional on the ground that an in- 
come tax, so far as incomes from property are concerned, is a 
direct tax, and that therefore the tax should have been appor- 
tioned and not made uniform, as had been done. This meant 
that Congress could not tax the income from property at all, 
for it is not practicable to make such a tax fair throughout the 
country if it has to be apportioned according to population, 
for wealth does not vary directly according to population. Two 
states of equal population would have to pay the same tax, 
although the number of taxpayers subject to the tax might be 
much greater in one state than in the other. This decision 
led to the adoption of the Sixteenth Amendment in 1913, au- 
thorizing Congress to tax incomes without apportionment. 
Under this amendment uniform income taxes have been im- 
posed which yield an enormous revenue. 

189. The Tariff Acts. — The laying of customs duties is a 
matter entirely within the discretion of Congress, which may 
decide what articles shall be taxed and what admitted free of 
duty, and also the amount of the tax. The framing of tarifT 
legislation is one of the most difficult and important duties of 
Congress, as may readily be seen when it is considered how 
many hundreds of different kinds of articles are imported into 
this country, each of which must be separately dealt with. The 
fixing of the tariff has played a large part in the political his- 
tory of the country. There are two main policies about the 
tariff : one that the duty should be imposed merely for the rais- 
ing of revenue ("tariff for revenue only"), and the other that 
it should be so adjusted as to protect American industries by 



PUBLIC FINANCE 229 

limiting or cutting out foreign competition hv putting a heavy 
tax on articles of foreign production. This is the "protective 
tariff." 

The direct benefit of a protective tariff go(>.s to the American 
producer, who can charge more than he otherwise could for 
his product, liecause there must be added to the price of foreign 
articles not only the cost of transportation but also the amount 
of the duty. It is claimed, however, that the public benefits 
also, and that the tax is thus for the "general welfare." It is 
argued that the prosperity of the producer helps the community, 
and that the encouragement by this protection gives more em- 
ployment and higher wages to American workmen. It is sup- 
posed also to be an advantage for us to be aljle to produce as 
many of the things we need as possible, so that we may be to 
that extent independent of other countries. Without protec- 
tion the manufacture of some things we need would not be 
profitable enough to encourage manufacturers to make them. 
Domestic production is stimulated l)y the i:)rotective tariff. 
The Democratic party has traditionally stood for "tariff for 
revenue only," while the Republicans have advocated a high 
protective tariff. However, party lines are not now very 
closely drawn on this question. 

The tariff laws are revised at irregular intervals. All tariff 
and other tax laws originate in the House of Representatives, 
and are in charge of the ways and means conmiittee. In the 
Senate they are considered by the finance committee. 

190. Amount of and Mode of Levying Tax. — The rate of 
taxation, unless expressly limited by the constitution, is a mat- 
ter absolutely within the discretion of the legislature. There 
are no limitations in the federal Constitution, and Congress 
may fix the tax at any amount. If the purpose of the tax is 
to raise a revenue, as is usually the case, the tax must not be so 
heavy as to defeat this purpose by suppressing the thing taxed. 
But if suppression is the purpose of the tax, the rate will be 
made prohibitive.* 

* Congress has several times used the taxing power for the purpose of 
suppressing the thing taxed, in some cases using it as a substitute for the 



230 GOVERNMENT AND THE PEOPLE 

In taxing imports the duty may be made specific, that is, 
so much for each unit of quantity, or ad valorem, or according 
to value. Thus in 1870 the duty on steel rails was fixed at the 
high specific rate of $28 per ton (a protective tariff), but in 
1848 steel rails were made subject to an ad valorem duty of 
20 per cent. Sometimes the duty exceeds the value of the ar- 
ticle. Thus in 1898 the average ad valorem, rate on tobacco 
and manufactures thereof was 121 per cent. In 1912 the du- 
ties collected on dutiable articles amounted to 40 per cent of 
their value. Sometimes a compound duty is laid, being both 
specific and ad valorem, such as the duty of 1828 on wool, which 
was four cents per pound plus 50 per cent ad valorem. 

Internal revenue taxes, or excises, are usually specific, for 
example, the tax of two cents on each bank check imposed by 
the law of 1898, or the tax of $1.10 a gallon on distilled spirits 
under the law of 1894. They may also partake of the nature 
of ad valorem taxes, as in the case of the stamp taxes laid on 
perfumes, cosmetics, medicines, etc., and on incomes, under 
the war tax of 1919. These varied according to the price of the 
article or the amount of the income. 

191. The Power to Borrow Money. — The Constitution 
provides that Congress shall have power "to borrow money 
on the credit of the United States." The ordinary expenses 
of the government are met by taxation, but when it becomes 
necessary to raise a large sum of money quickly, as in time 
of war or other emergency, or for public improvements, this 
method is inadequate, for it would unduly burden the people, 
whereas a loan may be quickly negotiated, and the repayment 



police power, which has not been granted to Congress. By taxation at 
a prohibitive rate, Congress has suppressed paper money issued by state 
banks; the sale of oleomargarine so colored as to pass for butter; the 
manufacture of phosphorus matches, which is dangerous to workmen; 
and the manufacture of opium for smoking purposes. A similar use of the 
taxing power as a means of regulating matters supposed to be exclusively 
within state jurisdiction is found in the Harrison Drug Act, regulating 
the manufacture, sale, and dispensing of narcotics, and the Child Labor 
Law of 1919. 



PUBLIC FINANCE 231 

of the money borrowed may be distributed over a period of 
years, and thus fall lightly in any one year. Moreover, as the 
benefits of the expenditure will usually be shared by those who 
are to come after, it is just that they should pay their share 
of the expense incurred. 

The money borrowed must in the end, of course, be repaid 
by taxation, but the burden of taxation is lightened and dis- 
tributed by the resort to borrowing in the first instance. Notes 
of the United States, corresponding to the promissory notes of 
individuals, are sometimes issued as evidence of the loans, and 
such notes are largely used as paper money. A common mode 
of borrowing is by the sale of United States bonds. More than 
$5,000,000,000 worth of these bonds were issued during the 
Civil War, some being issued to replace others that were can- 
celled. The Liberty and Victory Loan bonds issued to finance 
•the World War amounted to over $19,000,000,000. The postal- 
savings deposits and war-saving stamps are other examples of 
the exercise of the power to borrow money. 

192. State and Local Finance. — The state and local govern- 
ments, like the federal government, finance their operations 
chiefly by taxation and loans. The revenues and expenditures 
of the municipal governments greatly exceed those of the state 
governments and also those of the national government ex- 
cept in time of war. The total revenue of all state governments 
in 1918 was $588,305,651, and that of the 227 cities in the coun- 
try having 30,000 population was $1,124,094,899. Probably 
the expenditures of city governments in the United States 
usually amount to about three-fourths of the combined ex- 
penditures of the county, state, and national governments. 
The total revenue in 1919 of the 227 cities of 30,000 and over 
was $1,192,920,422, and the total indebtedness of these cities 
was $3,840,742,226. In 1919 New York City had a debt of 
$1,555,791,809, or greater than that of the national govern- 
ment except during the Civil War and since the outbreak of 
the World War. The next largest municipal debt was that of 
Philadelphia, which was $178,545,446. The total revenue of 



232 GOVERNMENT AND THE PEOPLE 

New York City in 1919 was $245,292,365, and that of Phila- 
delphia, $62,930,131. 

These figures give some idea of the size of the financial opera- 
tions of city governments. The opportunities for waste, ex- 
travagance, and dishonesty in handling such vast sums of 
money are almost unlimited. Much money has been lost to 
taxpayers by bad management and corruption, but in recent 
years an increasing amount of attention has been paid to the 
correction of the evils of municipal financiering. It need hardly 
be said that the expense of state and local government has 
rapidly increased in recent years. In 1919 the revenues of the 
state governments were 83.6 per cent more than in 1913. The 
increase in the revenues of the cities is somewhat less. 

193. State Taxation. — The state legislature has full power 
to tax, except for a few restrictions in the federal Constitution 
and such other restrictions as may be found in the constitution 
of the state. The federal Constitution provides that: "No 
state shall, without the consent of Congress, lay any duties 
on imports and exports, except what may be absolutely neces- 
sary for executing its inspection laws: and the net produce 
of all duties and imposts laid by any state on imports and ex- 
ports shall be for the use of the treasury of the United States; 
and all such laws shall be subject to the revision and control 
of the Congress. No state shall, without the consent of Con- 
gress, lay any duty of tonnage." The object of these restric- 
tions is to prevent the states from interfering by taxation with 
commerce. 

Besides the above express restrictions, there are in the Con- 
stitution some implied restrictions on the state's taxing power. 
Since one of the objects in granting to Congress the power to 
regulate interstate and foreign commerce was to protect such 
commerce from burdensome state legislation, the state is pre- 
vented by the commerce clause from interfering with such com- 
merce by taxing it in any way. 

Another implied limitation on the state's taxing power is 
that the state may not tax the agencies, instrumentalities, or 



PUBLIC FINANCE 233 

pi-oporty of the federal government, such as United States 
bonds, salaries of federal officers, post-office buildings, etc. 
But a state may tax the bonds or property of another state if 
within its borders. 

The most productive source of state and local revenue is the 
general property tax, that is, a tax on real estate and personal 
property. As a rule the larger share of this is collected by the 
counties or municipalities in which the property is situated. 
The property tax is satisfactory as applied to real estate, but 
much less so as applied to personal property. Real estate is 
fixed and cannot be hid, and its value can be pretty easily esti- 
mated. Land and the improvements on it constitute, there- 
fore, a suitable subject for taxation. Personal property, such 
as household goods, farm implements, horses and vehicles, 
cattle, stocks and bonds, promissory notes, etc., are less suit- 
able, either because they are hard to value or because they can 
be easily moved away or concealed. The tax on the personal 
property of individuals is comparatively^ unproductive. Poll, or 
capitation, taxes are levied in a few states, but are not popular. 

The total revenue of all the state governments in 1918 from 
the general property tax was $209,479,197, and from the poll- 
tax only $2,100,556. In the same year the cities of 30,000 popu- 
lation and over received $705,723,158 from the general property 
tax, and $2,014,952 from the poll-tax. By means of a special 
property tax on corporation stocks and ])onds large revenues 
are now being raised from a class of property which formerly 
quite generally escaped taxation. Insurance companies and 
banks and railroad companies are also taxed. Other important 
sources of revenue are taxes on inheritances and incomes, busi- 
ness licenses and other licenses, and fines and forfeitures. The 
license tax on automobiles has become very productive. The 
cost of local improvements, such as streets, sidewalks, sewers, 
and the like, is largely borne by special assessments against 
the i^ropertj' specially benefited. 

194. Subjects of Taxation — Exemptions. — Except in so far 
as the matter is controlled by the state constitution, the selec- 



234 GOVERNMENT AND THE PEOPLE 

tion of subjects for taxation is wholly within the discretion of 
the legislature, which may tax some property or occupations 
and exempt others as it sees fit. Unless the constitution so 
requires, no particular property or occupation need be taxed; 
it is not necessary that everything should be taxed in order 
that something may be taxed. However, the state constitu- 
tions commonly provide that all the property in the state is 
taxable or shall be taxed, but make certain exemptions. 

In selecting the subjects of taxation the burden of taxation 
is distributed with a view to the best interests of the whole 
community. Various considerations enter into the determina- 
tion of the question; among them, the ability to pay, the char- 
acter of the property or business as to yielding an income, the 
nature of the article as a luxury or a necessity, the use to which 
the property is put, etc. The exemption of certain classes of 
persons or property from taxation, when all receive the same 
protection from the state, may seem unjust in that the burden 
of taxation upon the persons and property taxed will be heavier 
because of the exemptions, but such exemptions are common, 
and upon examination it will usually be found that they are 
both just and expedient. The principal exemptions arc as fol- 
lows: 

1. Public Property and Instrumentalities of Governnfierit. — It 
is hardly necessary to say that public property used for public 
purposes should not be taxed by the public authorities. The 
public is itself the largest single property-owner, but it would 
be absurd for the state to tax its capitol building, its court- 
houses, its roads and streets, its public parks, and other prop- 
erty used in the public service. The state would both pay and 
receive the taxes; in other words, pay itself, which would be 
getting nowhere. Taxes are collected for these objects, not 
from them. 

2. Private Property Used for Public Purposes. — Many of 
the secondary functions of the government, not strictly of a 
governmental character, may be performed by private persons 
just as well as by the government itself. When private persons 



PUBLIC FINANCE 235 

or corporations devote their property to the pubhc service, 
and not for profit, they should not be taxed for the privilege 
of doing so. On this principle the property of educational, 
scientific, literary, and charitable institutions is exempted from 
taxation. These institutions, when not run for profit, yield 
no net income but are an expense to those who maintain them. 
They therefore lack the ability to pay the tax. A tax on their 
equipment would be not so much a tax on property as a tax 
on education, science, literature, and charity. If its property 
were taxed like other property, a college often could not afford 
to accept the gift of a valuable collection of books, scientific 
apparatus, or works of art, or an orphan asylum might not be 
able to accept a new building, because it could not pay the 
taxes on it. 

These institutions are rendering a public service and their 
property is devoted to a public use. They are doing for the 
public what the state itself might do and to a great extent does 
do. They are thus lightening the Imrdens of the state. The 
taxation of a university maintained by the state would be as 
absurd as the taxation of a public road. Why should not a 
privatel}' endowed university doing the same work as a state 
university also be exempt from taxation ? The owners of taxed 
property can no more justly complain of the increased burden 
put upon them by the exemption of a privatel}^ supported hos- 
pital from taxation than of an increase in their taxes for the 
support of a hospital maintained by the public. Of course this 
does not apply to an institution rvm for private profit. These 
should be taxed, notwithstanding they are rendering a public 
service. Railroad companies pay enormous taxes, yet their 
property is devoted to a public use. 

3. Property Used for Religious Purposes. — The exemption of 
property used for religious purposes stands on a somewhat 
peculiar footing. To some extent it might seem to violate the 
constitutional prohibition of the establishment of religion. 
Such property receives the same protection as taxed property, 
but does not bear its share of the burden. Nevertheless, it is 



236 GOVERNMENT AND THE PEOPLE 

the settled doctrine that this exemption does not violate the 
constitutional prohibition, provided the property of all sects or 
denominations is exempted alike. In one respect church in- 
stitutions differ in this connection from educational, scientific, 
literary, and charitable institutions. Since the state may not 
establish religion, the churches are rendering a service which 
could not be rendered by the state. Nevertheless, the exemp- 
tion of their property from taxation is fully justified by the 
influence they exert in promoting good citizenship and public 
morals. Few persons would care to live in a churchless state, 
and such a state would be hard to govern. If the churches were 
closed, the police force would have to be greatly increased. 
This fact by itself justifies the exemption of church property. 

Questions 

1. Why does the government spend more now than in former times? 
What proportion of the money spent by the federal government goes for war ? 

2. In 1921 the AUies owed to the United States, on account of the war 
loans, about $11,000,000,000, counting the unpaid interest. The United 
States obtained the money to lend to the Allies by the sale of Liberty bonds. 
It has been suggested that the United States cancel the debt of the Allies. 
In that case how would the United States get the money to pay the Lib- 
erty bonds, and in the end who would pay the debt of the Allies? 

3. What are the financial powers of Congress? What is the accepted 
practical rule as to how taxes shall be levied? 

4. If Congress wanted to tax land throughout the United States, how 
would it go about laying the tax? May Congress tax state bonds? 

• 5. What are the two general classes of federal taxes? Why was the 
income-tax law of 1894 held unconstitutional? How was the effect of this 
decision overcome? 

6. What is a protective tariff? Which political party has usually ad- 
vocated such a tariff? 

7. Explain how Congress was able by taxation to prevent state banks 
from issuing paper money. 

8. Why should the government sometimes obtain money for construct- 
ing pubUc improvements by borrowing rather than by taxation? 

9. Mention the most important subjects of state taxation. May the 
state tax the salary of postmasters? 

10. Give two examples of classes of property usually exempted from 
taxation, and explain why such property should not be taxed. 



CHAPTER XXII 
MONEY AND BANKING 

195. Federal Control Over the Currency. — The money in 
circulation in the United States, with the exception of a small 
amount of foreign coins, is that issued by the United States 
Government or by national banks chartered by the United 
States. The Constitution expressly provides only for the is- 
suance of coined money by the United States, power to issue 
and to authorize banks to issue paper money being found by 
implication. The constitutional provisions are as follows: 
"The Congress shall have power ... to coin money, regulate 
the value thereof, and of foreign coin," and "to provide for the 
punishment of counterfeiting the securities and current coin 
of the United States." Also: "No state shall . . . coin money; 
emit bills of credit; make anything but gold and silver coin a 
tender in payment of debts." The wisdom of conferring the 
power to supply a national currency upon the federal govern- 
ment is clear. Nothing could be more inconvenient to the 
business world than to have to depend for currency upon the 
independent issues of the separate states. This indispensable 
aid to business is furnished by tHe national government. 

196. Metallic Money. — In the United States, as in other 
countries, the most important metals used in coinage are gold 
and silver. The baser metals so used are, as metals, of trifling 
value — the value of the coin is derived from the government's 
imprint; but gold and silver coins derive their value largely 
or mainly from the value of the precious metals which they 
contain. Uncoined gold has the same purchasing power as 
gold coins of the same weight. The government's stamp is 
simply a guaranty of fineness and weight. This is not so true 
of silver, which is essentially a commodity and used largely 

237 



238 GOVERNMENT AND THE PEOPLE 

in the arts. Its value is determined, like that of cotton, wheat, 
or any other commodity, by the law of supply and demand. 

Gold, although used to a considerable extent in the arts and 
for purposes of ornament, is not primarily a commodity, but 
among civilized peoples is used mainly as a medium of exchange 
and as a standard of value. Not only is it peculiarly adapted 
by its nature for use in coinage, but the metal itself "occupies 
a unique place among the substances of which the earth is 
composed. It is accepted by civilized man without compulsion 
and without limit in exchange for all other kinds of property 
and for all the services that men render to each other for hire. 
For this reason it is an object of universal desire. As a mineral 
it is sought for with greater eagerness than any other substance 
in or upon the earth." * The value of gold, while not altogether 
constant, varies less than that of any other substance suitable 
for use as money, and this fact, taken in connection with its 
other properties, makes it the most suitable of all knov/n sub- 
stances to use as a standard of value in a system of currency. 

197. Free Coinage — ^Bimetallism and Monometallism. — 
The government may coin money on its own account out of 
bullion owned by it, or it may coin money for private individ- 
uals out of bullion owned by them. Sometimes governments 
make a charge, called seigniorage, for coining money for in- 
dividuals, but no such charge is made by the United States. 
Where a government will coin without charge unlimited quanti- 
ties of a metal for private persons, exchanging coins for an 
equal weight of metal, there is said to be free coinage of this 
metal. Naturally a government will not ordinarily do this ex- 
cept where the market value of the metal in a coin is as much 
as the face value of the coin. And if the market value of the 
metal is greater than the face value of the coin, the owner would 
not wish to have his bullion coined. Only metals of high mar- 
ket value can be coined on this basis, and only gold and silver 
are so coined. 

Where there is free coinage of both gold and silver, the coin- 
* White, " Money and Banking," p. 41. 



MONEY AND BANKING 239 

age is on a bimetallic l)a.sis; whoro there is free coinage of only 
one metal, the system is ^nonovietnllic. Where the bimetallic 
system is useil, the amount of metal in the gold and silver coins, 
respectively, is so adjusted that the market value as metal of 
a silver coin will be the same as that of a gold coin of the same 
denomination. The aim is to fix the coinage ratio of the two 
metals at the same figure as the market ratio. Thus if an oimce 
of gold is worth sixteen times as nuich as an ounce of silver, 
the coinage ratio of the two metals should be 16 to 1, that 
is, the silver dollar should contain sixteen times as much silver, 
by weight, as the gold dollar contains of gold. 

The trouble with bimetallism is that it is impossible to keep 
the coinage ratio the same as the market ratio, for the market 
value of silver as compared with gold is very unstable, so that 
the metal in a silver dollar will sometimes be worth more and 
sometimes less than the metal in a gold dollar. In such case, 
though the face value of the two coins will remain the same, 
their actual value as metal will be different. When this 
happens, the money of less intrinsic value will drive the more 
valuable money out of circulation, according to the maxim 
that ''bad money drives out good." This is because the coin 
that is worth more as metal will be melted and used or sold 
as metal, or sent to foreign countries where its purchasing power 
will be greater than at home. A very slight difference in the 
actual value of silver and gold coins will cause the disappear- 
ance of the more valualjle money from circulation. This prin- 
ciple is known as Gresham's law, after Sir Thomas Gresham, 
an English financier of the sixteenth centur5^ 

198. United States Standards up to 1873. — From the be- 
ginning of the coinage of gold and silver in 1794-1795 until 
1873 the coinage of the United States was on a bimetallic basis, 
there being free coinage of both gold and silver. From 1794 
to 1834 the coinage ratio was 15 to 1, it being figured that gold 
was actually worth fifteen times more than silver. This under- 
valued gold. The ratio was changed in 1834 to about 16 to 
1, at which it remained until 1873. This undervalued silver. 



240 GOVERNMENT AND THE PEOPLE 

SO that a silver dollar was worth more as bullion than a gold 
dollar. From 1794 to 1834 gold, being more valuable as bullion 
than as money, disappeared from circulation. During the 
period 1834-1873 silver dollars disappeared for the same reason. 
Fractional silver coins disappeared also, so that the country- 
had to depend on foreign coins for small change. To meet 
this situation Congress in 1853 reduced the amount of pure 
silver in all fractional silver coins so that they became more 
valuable as money than as silver, and consequently remained 
in circulation. This statement of the operation of Gresham's 
law in this country shows the difficulty of maintaining the 
double system. 

Although the statutes provided for the free and unlimited 
coinage of silver into dollars from 1794 until 1873, very few 
silver dollars were coined, the total coinage up to 1873 being 
only $8,031,234, most of which were melted into bullion or 
shipped abroad. In 1873 the coinage laws were revised, and, 
there being practically no silver dollars in circulation and no 
demand for them, it was decided to drop the silver dollar from 
the list of authorized coins. This very reasonable action of 
Congress, being merely the formal dropping from the list of 
a coin not actuallj^ in circulation, was done publicly but at- 
tracted little attention at the time. Few would care to have 
their silver coined into dollars when it was worth more as bul- 
lion. Later, during the ''Free Silver" campaign of 1896, the 
act of demonetizing the silver dollar was denounced as the 
''crime of 1873." 

199. Limited Coinage of Silver Dollars (1878-1904; 1921). 
— During the period 1873-1877 no silver dollars were coined 
by the United States except "trade dollars" authorized by the 
act of 1873 for use in the trade with China and Japan. Trade 
dollars were coined during the years 1873-1878 to the amount 
of $35,965,924. During this period the market value of silver 
fell, owing to the discovery of large deposits of silver in the 
West. Then began an agitation for the resumption of the 
free coinage of silver dollars. This was led by the owners of 



MONEY AND HANKING 241 

silvoi-mincs and the advocates of ('h(\T,p money, a demand for 
whicli had been created, especially in the West and South, by 
the decline in the price of agricultural products and the in- 
crease in the price of manufactured articles. 

Free coinage was not resumed, but, by way of compromise, 
Congress passed the Bland-Allison Act of 1878 and the Sher- 
man Silver Purchase Act of 1890, providing for the purchase 
antl coinage of silver by the government on its own accoimt. 
Under these acts 570,272,610 silver dollars were coined, coin- 
age being stopped in 1904. These dollars were given the same 
value as gold dollars by the government imprint, but were in- 
trinsically worth much less, owing to the low value of silver. 
Their coinage, therefore, represented a loss to the government. 
Under the act of 1890 treasury notes to the amount of $15G,- 
000,000 were issued in payment for silver purchased by the 
government. These constituted a part of the paper money of 
the country for many years, but have now been retired. 

At the time of the opening of the presidential campaign of 
1896 business depression and labor troubles had so increased 
the demand for cheap money that the Populist and Democratic 
parties united on a platform demanding the "free and un- 
limited coinage of silver at the ratio of 16 to 1," with William 
Jennings Bryan as their candidate for the Presidency. The 
campaign was one of the most exciting in the history of the 
country. Bryan was defeated, but in 1900 was again a candi- 
date on a platform with free silver as one of its planks. By 
this time the country was prosperous and had lost interest in 
cheap money. In the currency act of 1900 the gold standard 
was definitely re-established. 

Most of the silver dollars coined under the acts of 1878 and 
1890 remained in the treasury, never getting into circulation. 
During the World War the price of silver rose so that the 
dollars were worth more as bullion than as money, and in 1918 
Congress authorized their conversion into bullion. Accord- 
ingly, 260,121,554 silver dollars in the treasury were melted 
up, chiefly for use in the Oriental trade. In 1921 silver dollars 



242 



GOVERNMENT AND THE PEOPLE 



were again coined by the government 'to some extent to replace 
some of those so melted. 

200. United States Mints.— The first United States mint 




MACHINE IN A U. S. MINT, WHICH PUNCHES OUT GOLD 
PIECES TO THE VALUE OF $360,000 AN HOUR. 



was established at Philadelphia under the coinage act of 1792. 
This is still the principal mint. Other mints have been estab- 
lished and maintained at the following places: New Orleans; 
Charlotte, North Carolina; Dahlonega, Georgia; San Fran- 



MONEY AND BANKING 243 

Cisco; Carson City, Nevada; and Denver. The only mints, now 
in operation are those at Philadelphia, San Francisco, and 
Denver. Provision has also b(^en made for the establishment 
of a mint in the Philippine Islands. 

Congress has established in the Treasury Department a 
Bm-eau of the Mint, embracing; in its organization and under 
its control all mints and government assay offices. The chief 
officer of the bureau is the director of the mint, who is under 
the general direction of the secretary of the treasury. The 
total domestic coinage of all the mints up to July 1, 1918, 
amounted to $4,5(59,765,700.13, of which nearly half was 
coined by the Philadelphia mint. There has also been consid- 
erable coinage for foreign governments.* 

201. United States Coinage.— The United States decimal 
system of coinage was suggested by Thomas Jefferson. The 
original unit was the dollar, with the same value as the Span- 
ish silver dollar then current, the weight of the pure metal in 
the gold and silver dollars respectively being at the ratio of 
1 to 15. The present standard is the gold dollar, which weighs 
25.8 grains, of which 23.22 is pure gold and the rest alloy j)ut in 
to harden the coin, which is thus nine-tenths fine, or pure gold. 
The gold dollar was first actually coined in 1849, but coinage 



* The total coinage of the several mints to 1917 is as follows: Phila- 
delphia (1792-1917), $2,009,660,765.17; New Orleans (1838-1861 and 
1879-1909), $298,660,707.60; Charlotte (1838-1861), $5,0.59,188; Dah- 
lonega (1838-1861), .$6,106,569; San Francisco (1854-1917), $1,946,- 
775,165; Carson City (1870-1893), $49,274,434.30; Denver (1906-1917), 
$210,631,915. The total coinage of all the mints up to July 1, 1918, 
amounted to .$4,569,765,700.13. The above figiu'es do not include coin- 
age for foreign governments. The total domestic coinage of the three 
active mints for the year ending June 30, 1918, was .$43, .596,895.91, the 
largest in the history of the mints. They worked twenty-four hours a 
day to keep up with the unprecedented demand for fractional currency 
owing to business conditions growing out of war activities. No gold was 
coined. The combined coinage for the three mints was 714,000,000 pieces 
of domestic coinage and nearly 53,000,000 foreign pieces. The number 
of one-cent pieces coined during the year was 445,628,201, or nearly half 
a billion, which is probably the largest number of any single coin ever 
coined in one year. 



244 GOVERNMENT AND THE PEOPLE 

was discontinued in 1889, the coin being too small for use. 
The other gold coins are multiples in weight of the dollar, those 
now authorized being the quarter-eagle ($2.50), the half-eagle 
($5.00), the eagle ($10.00), and the double-eagle ($20.00). 

The silver coins are the dollar, half-dollar, quarter-dollar, and 
dime. The silver dollar weighs 412.50 grains, of which 371.25 
grains is pure silver and 41.25 grains is copper. The present 
ratio of silver to gold in the dollar is about 16 to 1. The half- 
dollar weighs 192.9 grains, and the quarter-dollar and dime 
one-half and one-fifth as much respectively as the half-dollar. 
It will be seen that the fractional c"oins contain proportionally- 
less silver than the dollar, all the coins being nine-tenths fine. 
The minor coins are the five-cent piece, which is composed of 
three-fourths copper and one-fourth nickel, and weighs 77.16 
grains, and the one-cent piece, which is 95 per cent copper and 
5 per cent tin and zinc, and weighs 48 grains. Other coins have 
been coined at different times. 

202. Foreign Coins. — Foreign coins constituted the chief 
metallic currency of the United States prior to the Civil War, 
the operation of Gresham's law keeping United States silver 
coins out of circulation for much of the time. Up to 1857 they 
were legal tender, but after that year have not been so. Under 
its power to ''regulate the value" of foreign coins, Congress has 
provided that their value in United States money shall be that 
of the pure metal therein, and that the values of the standard 
coins of the various nations shall be estimated quarterly by the 
director of the mint and proclaimed by the secretary of the 
treasury. 

203. Paper Money. — Prior to the Civil War the federal 
government made no attempt to provide a paper currency for 
the country. Congress issued no notes intended to circulate 
as money. The paper currency consisted of notes of banks 
chartered by the states and of the Bank of the United States 
while it existed. 

During the Civil War the United States, under several acts 
of Congress, issued large amounts of paper money in order to 



MONEY AND BANKING 245 

help finance the war, the total amount issued being about 
$450,000,000. These United States notes were known as 
"greenbacks" from their color. After the war the retirement 
of these notes was begun, but by act of 1878 this was stopped 
when the amount of outstanding notes was $346,681,016, at 
which figure it has since remained. These notes are required 
by law to be reissued when received by the treasury, notes 
mutilated or otherwise injured being replaced by others. 
These notes are secured by a special fund of $150,000,000 in 
gold in the treasury. In 1863 Congress authorized the es- 
tablishment by private individuals of national banks, with 
power to issue circulating notes, and in 1865 drove the notes 
of state banks out of existence by imposing on them a pro- 
hibitive tax. Thus a monopoly was secured for the United 
States notes and notes issued by national banks chartered by 
Congress, which then constituted the paper money of the coun- 
try. 

The paper money now in circulation is as follows: (1) United 
States notes (greenbacks). (2) National bank notes. (3) Trea- 
sury notes of 1890, issued in payment for silver purchased under 
the act of 1890. These are now practically all retired. (4, 5) 
Gold and silver certificates. These are certificates issued against 
gold and silver coin or bullion in the treasury. Unlike other 
notes, they are not promises to pay, but merely a substitute for 
the coin, being more convenient for use than coin. (6) Federal 
Reserve notes. These are issued under the Federal Reserve Act 
of 1913 by the Federal Reserve Board. They are obligations 
of the United States redeemable in gold on demand. (7) 
Federal Reserve Bajik notes. These are issued by the reserve 
banks under similar conditions and terms as national bank 
notes. Directly or indirectly all these kinds of paper money 
are secured by the credit of the United States Government. 

204. Legal Tender. — Money is legal tender when a creditor 
may be compelled to receive it at its face value in payment 
of his claim. No money is legal tender unless made so by law. 
In the absence of a constitutional prohibition, a government 



246 GOVERNMENT AND THE PEOPLE 

may declare any kind of money to be legal tender. It may 
stamp a disk of iron into a dollar, or make $1,000 out of a piece 
of paper, and require creditors to receive them at their face 
value. But for a government to make worthless or depreciated 
currency legal tender works a hardship on creditors whose 
claims are based on currency worth its face value. No com- 
mercial evil was more painfully in the minds of the framers of 
the Constitution than the bad condition of the currency at 
that time. The country was flooded with paper money, none 
of which was worth its face value in gold and much of it was 
worthless. Yet some of it had been declared by the state gov- 
ernments to be legal tender. 

With this evil in mind the convention put into the Constitu- 
tion the provision that: "No state shall make anything but 
gold and silver coin a tender in payment of debts." No such 
restriction is laid on Congress, and the Supreme Court finally 
decided, after a famous legal battle, that Congress may make 
paper money, as well as coin, legal tender. Of course, so long 
as the government is able to redeem any of its money in gold 
on demand, it makes no difference; but when the government 
is not able to do this, as sometimes happens, it is another 
story. 

By the present law the following money is now legal tender: 
gold, United States notes, and gold certificates, in any amount; 
silver dollars and treasury notes in any amount, unless other- 
wise stipulated in the contract; subsidiary silver coins up to 
an amount not exceeding $10; minor coins up to an amount 
not exceeding 25 cents. 

205. Monetary Stock of the United States.— The total 
stock of money in the country, exclusive of minor coins except 
of silver, on June 30, 1919, as reported by the secretary of the 
treasury, was $7,474,286,797, or about $54 for every man, 
woman, and child in the United States. About 42 per cent 
of this money was in gold, the total amount of which was 
$3,112,320,547. The per capita amount of money in the United 
States has greatly increased in recent years. ' 



MONEY AND BANKING 



247 



MONETARY STOCK OF THE UNITED STATES AT INTERVALS . 


Year Ending 


Circulation 


Total Stock 


Population 


Circula- 


June 30 








tion Per 
Capita 


1860 


$435,407,252 


$442,102,477 


31,443,321 


$13.85 


1870 


G7t),284,427 


723,940,094 


38,558,371 


17.51 


1880 


973,382,228 


1,185,550,327 


50,1.55,228 


19.41 


1890 


1,429,251,270 


1,685,123,429 


62,622,250 


22.82 


1900 


2,055,150,998 


2,339,700,673 


76,.303,387 


26.93 


1910 


3,102,355,<)05 


3,419,591,483 


90,363,000 


34.33 


1918 


5,379. 427. 424 


6,741,072,294 


105,869.000 


50.81 


1919 


5,7()(),()29,<»73 


7,474,286,797 


107,600,000 


54.33 





206. Banks and Banking. — Modern business would be im- 
possible without banks. The banks constitute, so to speak, 
the financial heart and circulatory system of the community. 
The main functions of a bank are to receive and lend money 
and to facilitate the use of credit. Some banks also issue notes 
which circulate as money. Very few persons keep large 
amounts of money in their homes or places of business. This 
would not be safe, for the money might be stolen or destroyed 
by fire, rats, or otherwise. The place for money is in the bank, 
which will receive it on deposit to the credit of the depositor. 
He may either use the money as a fund on which to draw 
checks in payment of bills, or he may lend it to the bank on 
interest. 

As a rule, the amounts kept by individual depositors on 
checking accounts are small, for they are constantly being 
drawn on by checks, but in the aggregate the amount of the 
checking deposits in a bank is large. The bank does not ac- 
tually keep all this money in its vault, but only so much in cash 
as may be needed to pay checks as they are presented from 
day to day. The rest it lends out along with the bank's own 
money and money of depositors deposited on interest-bearing 
account. The bank charges interest on the money it loans, 
and thus makes a profit. The rate of interest charged by the 



248 



GOVERNMENT AND- THE PEOPLE 



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MONEY AND BANKING 249 

bank on the money it loans is higher than the rate paid by 
the bank. Thus a bank may pay 4 per cent to a depositor 
and lend his money at 6 per cent. 

In so receiving and handling deposits, the bank serves sev- 
eral purposes. It keeps the depositor's money safely for him, 
and affords him the use of checks, which are a great conve- 
nience. It also accommodates indivitluals and business con- 
cerns who need to borrow money. Business men and corpora- 
tions depend largely on banks to help finance their business 
operations. In making loans the bank requires the borrower not 
only to give his note for the money loaned, but also to furnish 
some kind of collateral security, such as a life-insurance policy, 
stock of a corporation, government or municipal bonds, etc. 
Frequently a depositor borrows money from a bank and draws 
checks on the amount so borrowed, the bank simply crediting 
him with the amount as if he had actually deposited so much 
money. When the depositor's note falls due he must pay it 
or have it renewed. 

Banks cash checks not only on themselves but also on other 
banks. When a bank cashes a check drawn on another bank, 
it sends the check on to the bank on which it is drawn for pay- 
ment. The latter bank charges the check to its depositor's 
account and remits the amount to the bank which paid the 
chock, or credits such bank if there are accounts between them. 
As it would be impossible for every bank to have accounts 
with every one of the thousands of other banks, the custom is 
for every bank to arrange with a bank in some large city, such 
as New York or Chicago, to act as its representative in its deal- 
ings with other banks in that section. Accounts between the 
several banks in a city are adjusted through an organization 
known as a clearing-house. 

Many banks are organized as trust companies, or maintain 
trust departments, which take care of estates, or act as guard- 
ian or trustee for persons requiring such service. A trust 
company will have one's will written for him and act as his 
executor after his death. Banks also usually maintain private 



250 GOVERNMENT AND THE PEOPLE 

safety-deposit boxes or drawers in which the patrons may keep 
valuables of various kinds. 

207. The Banking Business of the United States. — One 
result of the war of 1914-1918 has been that the United States 
has become the world's banker. Virtually all the nations of 
the world are now looking to the United States for credit or 
some other kind of financial aid. According to the report of 
the comptroller of the currency for 1919, this country holds 
one-third or more of the world's total supply of gold coin and 
bullion, and the rest of the world owes to the government of 
the United States and to our business men an amount equal 
to more than twice the total stock of gold in all other coun- 
tries of the world, with a balance of trade immensely in favor 
of the United States, the total excess of exports over imports 
during the six years 1914-1919 being $15,597,658,892, the ex- 
cess for the year 1919 being $4,017,441,226. 

The banking business of the country has reached colossal 
proportions, enormously increasing in the past few years. 
There are three main classes of banks: (1) national banks, 
operated by private individuals under charters granted by the 
United States; (2) state banks, operated by private individuals 
under state charters; and (3) Federal Reserve banks, estab- 
lished under the Federal Reserve Act of 1913. In 1919 there 
were 7,865 national banks, 21,298 state and private banks, and 
12 Federal Reserve banks in the United States. 

208. National Banks. — In 1791 Congress chartered the 
Bank of the United States, the charter of which expired in 
1811 and was not renewed. In 1816 a second Bank of the 
United States was established, whose charter expired in 1836. 
These banks figured largely in the early financial and political 
history of the country. After the passing of the second bank 
Congress made no further attempt to establish a bank for the 
government, but by an act of 1863 authorized private in- 
dividuals to establish national banks, and on depositing United 
States bonds with the comptroller of the treasury, . to issue 
bank-notes thereon up to an amount not exceeding 90 per cent 



MONEY AND BANKING 251 

of the bonds. The main object of this act was to create a mar- 
ket for United States bonds. 

This statute, with various amendments, has been continued 
in force. National bank notes are issued under the direction 
of the comptroller of the currency, and, being secured by gov- 
ernment bonds in addition to the other resources of the bank, are 
alwaj^s good whatever may be the financial condition of the bank. 

National Imnks are regulated by federal statutes and are 
inspected by federal inspectors. On June 29, 1918, the total 
deposits of the national banks aggregated $14,021,609,000, 
and the loans and discounts, $9,620,402,000. There are about 
20,000,000 depositors in national banks. The national banks 
have been well managed, especially of late. Failures are now 
almost unknown. 

209. State Banks. — The states have concurrent power with 
the United States to charter banks, and for some reasons state 
banks as business enterprises are more attractive than national 
l)anks, being in some respects more profitable, and also because 
they are not subject to federal regulation and inspection. On 
July 1, 1918, there were in the United States and the island 
possessions over 21,000 state banks and loan and trust com- 
panies and private banks, or more than double the total num- 
ber of national banks. State banks do not issue circulating 
notes, being prevented from doing so by a prohibitive federal 
tax. The total deposits in state, savings, and private banks, 
and loan and trust companies, in 1918, were over eighteen and 
one-half billion dollars. 

The state governments maintain banking departments for 
supervising the banking business in the state, and through the 
co-operation of the various state banking departments the 
federal comptroller of the currency is enabled to compile 
and publish statistics showing the resources and liabilities of 
all the banks in the country, both state and national. In 1919 
there were forty-five failures of state and private banks and 
trust companies throughout the United States, or about one 
failure for every 500 banks. 



252 GOVERNMENT AND THE PEOPLE 

210. The Federal Reserve System. — The financial system 
developed under the National Banking Act of 1863 and its 
amendments was supplemented by the establishment of the 
Federal Reserve System under the Federal Reserve Act of 1913. 
The object of this act was to improve the existing system by 
the decentralization of the money power by establishing Re- 
serve banks in convenient commercial centres throughout the 
country, and also by providing a more elastic currency. It 
was intended by this means to afford better banking facilities 
to the country and to reduce the danger of panics. The estab- 
lishment of the new system was timely, for the war with Ger- 
many, which came soon after, required financial operations 
on a scale never before known, and to the new system was per- 
haps largely due the soundness of the financial condition of 
the country throughout the war. 

The system is under the general direction of the Federal 
Reserve Board, consisting of seven members, including the 
secretary of the treasury and the comptroller of the cur- 
rency, who are members ex officio, and five members appointed 
by the President and Senate. The country is divided into 
twelve districts, in each of which is established, in a reserve 
city, a Federal Reserve bank. The reserve cities are Boston, 
New York, Philadelphia, Cleveland, Richmond, Atlanta, Chi- 
cago, St. Louis, Minneapolis, Kansas City, Dallas, and San 
Francisco. Branch banks have also been established in a number 
of cities. The stock of the Federal Reserve banks is all held 
by other banks, every national bank being required to become a 
stockholder in the Federal Reserve bank of the district in which 
it is situated. State banks which comply with certain require- 
ments may also become member banks. A Federal Reserve 
bank has no direct dealings with the public, but deals only with 
banks, having been well described as a "bank of banks." The 
minimum capital of a Federal Reserve bank is $4,000,000, and 
the capital of the larger banks is several times this amount. 

The Federal Reserve Board issues Federal Reserve notes, 
which are an important part of the national currency. Federal 



MONEY AND BANKING 253 

Reserve notes are ol)ligations of the United States, and are 
receivable by all national and member banks and- Federal Re- 
serve banks, and for all taxes, customs, and other public dues. 
They are redeemable in gold at the Treasury Department, or 
in gold or lawful money at any Federal Reserve bank. These 
notes are issued to Federal Reserve banks on the security of 
gold or other lawful money and commercial paper. The Fed- 
eral Reserve banks also issue notes on the securit}- of United 
States bonds and other obligations. 

211. Postal Savings Banks. — The Postal Savings System 
was established by act of June 25, 1910, as a part of the post- 
office service. By the use of postal savings stamps and cards, 
deposits of one dollar and multiples thereof may be made in 
post-offices designated as postal savings-depositories. The 
main object of the system seems +o be the promotion of thrift 
among the people. On June 30, 1919, the number of depositors 
in postal savings banks in the United States and insular pos- 
sessions was 565,509, and the total amount of deposits $167,- 
323,260, the average deposit account being $295.90. 

212. Federal Farm Loan Banks. — By an act of July 17, 
1916, known as the Federal Farm Loan Act, Congress estab- 
lished a federal land banking system for the purpose of making 
loans to farmers upon more favorable terms than they could 
ordinarily secure. The administration of the statute is under 
the direction and control of the Federal Farm Loan Board, 
composed of five members, including the secretary of the trea- 
sury as chairman. Under the general supervision of this board 
is a Federal Farm Loan Bureau, which is charged with the 
execution of the act. 

The United States is divided into twelve Federal Land bank 
districts in each of which is established a Federal Land bank. 
These banks are located at Springfield, Mass., Baltimore, Co- 
lumbia, S. C, Louisville, New Orleans, St. Louis, St. Paul, 
Omaha, Wichita, Kan., Houston, Tex., Berkeley, Cal., and 
Spokane, Wash., the districts being numbered in the order 
in which these land bank cities are named. Loans are not 



254 GOVERNMENT AND THE PEOPLE 

usually made by these banks directly to the farmers, but 
through national farm loan associations organized by farmers 
under the statute, or through incorporated banks, etc., char- 
tered by the states, as agents of the land banks, or through 
joint-stock land banks organized by individuals under the pro- 
visions of the statute. Loans are made on the security of first 
mortgages on farm land, at a rate not exceeding 6 per cent, 
in sums of not less than $100 nor more than $10,000 to any 
one person" and only for the purchase of land, or to provide 
for equipment, operation, etc., of farm lands. The loans run 
for not less than five nor more than forty years. On October 
31, 1919, the total amount of mortgage loans was $271,317,816. 

Questions 

1. What are the provisions in the federal Constitution relating to 
money? What gives value to a one-cent piece? to a gold eagle? to a silver 
dollar ? 

2. Why is gold the most suitable substance to use as a standard of value 
for money? What is meant by the free coinage of a metal? What 
is bimetallism? coinage ratio? market ratio? 

3. What is Gresham's law? If there is free coinage of both gold and 
silver at a ratio of 16 to 1, and the market ratio is 15 to 1, what money 
will be in circulation? 

4. Trace the history of the coinage of silver into dollars from the be- 
ginning to 1921. 

5. What mints are now coining money in the United States? 

6. What kind of paper money was in use in this country before the 
Civil War? What are "greenbacks"? are they still in use? how are they 
secured? Name the different kinds of paper money now in circulation. 
Examine some bills and tell which kinds of money they are. 

7. What is legal tender? What money is now legal tender? 

8. What are the main functions of a bank? Explain how banks help 
business and industrial enterprises. 

9. What kinds of banks are there in this country? Name some of the 
banks in your town or county. Are they national banks or state banks? 
Do they issue paper money? If a bank fails, does this destroy the value 
of notes issued by it? 

10. What is the Federal Reserve System? Name the Federal Reserve 
bank nearest to you. 

11. What is a postal savings bank? a farmers' loan bank? 



CHAPTER XXIII 
PUBLIC EDUCATION 

213. Democracy and Education. — Under an aristocratic or 
autocratic system of governnumt, the general education of the 
people is not only unnecessary from the standpoint of the gov- 
ernment but may be positively undesirable. If the masses of 
the people are educated so as to be able to understand their 
rights and to appreciate the real nature of the government 
under which they live, autocracy is impossible. No intelligent 
and informed people of any spirit will tamely submit to a gov- 
ernment run in the interest of the ruling classes without re- 
gard to the rights and wishes of the people. It is to the ad- 
vantage of the rulers in such a system to keep the people in 
ignorance, or at least, as was done in the German Empire, so 
to direct their education as to make them believe that autoc- 
racy is the best form of government for them. From his point 
of view Sir William Berkeley, the royal governor of Virginia, 
was right when he wi'ote in 1671: "I thank God there are no 
free schools in Virginia nor printing, and I hope we shall not 
have these hundred years; for learning has brought disobedi- 
ence and heresy and sects into the world, and printing has 
divulged them, and libels against the best government. God 
keep us from both." 

But if autocracy cannot survive with the right sort of pop- 
ular education, successful democracy is impossible without it. 
Government cannot be maintained by the people unless they 
are sufficiently educated to maintain it. It was not an accident 
that democracy did not obtain a foothold in the world until 
the education of the people became fairly general. Two hun- 
dred years ago illiteracy was the rule in Europe, and real 
democracy did not exist. The most serious obstacle to the 

255 



256 GOVERNMENT AND THE PEOPLE 

establishment of democracy in Russia to-day is the almost 
universal illiteracy of the common people. Without general 
primary education, at least up to the point necessary for the 
intelligent exercise of the right to vote, real democracy cannot 
be successfully maintained or developed. If the democratic 
system of government is to endure, the people must be edu- 
cated. 

Public education is therefore not only a proper but a neces- 
sary function of the state, unless the people will educate them- 
selves without government aid. But this they will not do. 
Many persons have their children educated in private schools, 
but the great mass of the people either will not or cannot do 
so, and until the establishment of the free public school sys- 
tem in this country, illiteracy even in the United States was 
common. Moreover, even when free schools were provided 
many parents would not send their children to school, and it 
has been found necessary to pass compulsory education laws 
to get the children into the schools. Many of the people are 
still too ignorant to appreciate the imp)ortance and value of 
education. 

214. The Public School System. — The subject of educa- 
tion is left by the federal Constitution entirel}^ to the states,* 
and each state has its own public school system. In most of 
the states there is a department of public instruction at the 
head of which is a superintendent or a board of education or 
both, with general control over public education in the state, 
but in most respects the establishment and regulation of public 
schools is usually left to the local authorities of the several 
counties, districts, and towns or cities. Each of these local 

* There is a United States Bureau of Education, in charge of a com- 
missioner of education, which is a bureau of the Department of the In- 
terior. This bureau has no control • whatever over the pubhc schools of 
the country, but it performs a very useful service in collecting and pub- 
lishing statistics and other information showing the progress of education 
in the country, and in this way aids the state and local authorities in solv- 
ing their school problems. The commissioner issues an important annual 
report and miscellaneous publications on educational subjects. 



PUBLIC EDUCATION 257 

school divisions has its own superintendent or school board. 
The plans of central control as well as the details of adminis- 
tration vary considerably in the several states. The general 
rule is probably in favor of local self-government in school 
matters, the schools being also supported mainly by local taxa- 
tion. In order, however, to bring the schools throughout the 
state to approximately the same standard of efficiency, com- 
pliance with the requirements of the state authorities may be 
made a condition of receiving aid from the state treasury. In 
some states the state authorities have practically complete 
authority over the entire school S3^stom of the state. 

At the time of the establishment of the government of the 
United States, the people of this coimtrj^ were probably better 
educated than those of any other country, and yet perhaps 
more than half of them could not read or write. In the New 
England colonies in early times some public free schools were 
established, but there was no general system of state educa- 
tion until the nineteenth century was well advanced, and public 
free schools did not become universal until after the Civil War. 
Now in all of the states good primary and secondary schools 
are maintained at public expense. About 20,000,000 pupils 
are enrolled in the public graded schools in the United States, 
and probably 2,000,000 more in the public and private high 
schools. As a result of the work of the thousands of public 
and private schools, illiterac.y has greatly decreased in this coun- 
try, though still about 7 per cent of the population above the 
age of ten years cannot read and write. The investigations 
made in connection with the registration of men in 1917 and 
1918 for military service revealed a shocking number of able- 
bodied young men who could not even sign their names. This 
shows that much still remains to be done in the education of 
our people. 

The foundation of the public school system is, of course, 
the common or elementary school. The course of instruction 
extends through seven or eight years or "grades," the children 
being usually about six or seven years old when they enter the 



258 GOVERNMENT AND THE PEOPLE 

first grade. More than half of those who enter the first grade 
drop out before completing the full course in the graded school. 
In most of the states, however, compulsory education laws 
have now been enacted which require children to be sent to 
school by their parents until they have reached a certain age, 
varying from twelve to fourteen years in the different states. 
In many parts of the country in the poorer rural districts there 
is only the common school, and this not covering all of the 
grades and open for only a few months during the year. Great 
improvement is being made, however, in these more backward 
districts and the schools are constantly becoming better. 

In all towns and cities and many country districts there are 
public high schools offering courses of from two to four years. 
Less than one-tenth of those who enter the graded school enter 
the high school. As in the case of the graded schools, the edu- 
cational standards of the public high schools vary greatly in 
the different states and communities, but the course offered 
in the best high schools will compare favorably with that for- 
merly given in American colleges. Graduation at a four-year 
high school is now generally required of all students entering 
college. 

215. Religion in the Public Schools. — In a number of states 
constitutional provisions prohibit the appropriation of public 
money for the support of sectarian schools, or forbid sectarian 
instruction or control in any of the state schools. The pro- 
visions vary considerably in the different states, and the de- 
cisions of the courts in construing the various provisions are 
not entirely harmonious. It is generally held that the reading 
of selections from the Bible, without comment, does not violate 
any of the constitutional provisions. As to whether the read- 
ing of the Bible and the offering of the Lord's prayer constitute 
a violation, the decisions are in conflict. Some courts hold 
that they do, and other courts that they do not. The holding 
of religious exercises with the singing of hymns ordinarily used 
in denominational worship has been held unlawful, likewise 
the use of the Bible as a text-book. But the use of books con- 



PUBLIC EDUCATION 259 

tainiiif^ selections from the Bible is iinobjoctionable. Probably 
the propi-iety and lawfulness of any particular religious exer- 
cise in the public schools will tlepend a good deal upon local 
conilitions. In no case, however, should the giving of sectarian 
instruction or the use of sectarian forms of worship be [per- 
mitted. 

216. State Universities. — For the majority of American 
citizens school education ends with the graded school; only 
a fraction of the population graduate at the high schools, and 
the percentage of those who enter college is very low, indeed. 
It would seem, therefore, hardly necessary or even proper for 
the state to maintain schools of collegiate rank. Nevcrth(^less, 
in most of the states there are colleges or universities owned 
and controlled, and at least partially supported, by the state. 
In general character these institutions do not greatly differ 
from privately endowed schools of higher education. The 
better-known state universities are largely attended by stu- 
dents from other states. For state students tuition in state 
institutions is usually free or at a lower rate than for students 
from other states. 

At the state universities, besides the usual cultural college 
courses, professional instruction in law, engineering, medicine, 
etc., is given. Several of the more progressive state universi- 
ties conduct extension departments by which, through publica- 
tions, lectures, and correspondence courses, education is taken 
to the people in their homes and places of business or labor. 
The University of Wisconsin has been a leader in this work, 
as well as in other lines of state service. In this university, 
and in some others, short practical courses in agriculture, dairy- 
ing, etc., are given which are largely attended by farmers and 
others interested. In this way farming and other pursuits in 
the state are put upon a more scientific and profitable basis. 
Where the state university thus undertakes to serve the people 
along lines the value of which any one can see, there is gen- 
erally no difficulty in getting the necessary appropriations from 
the state treasury. 



260 GOVERNMENT AND THE PEOPLE 

217. Vocational Training. — Schools for the training of men 
and women for the professions of law, medicine, engineering, 
etc., have long been a part of the state educational systems, 
but until quite recently no provision was made for the special 
vocational training of the great masses of the people whose 




OUR AGRICULTURAL SCHOOLS ARE GIVING GREAT ATTENTION 
TO THE FEEDING AND HOUSING OF SWINE. 



school education ended with the common or high schools. 
Meanwhile, the introduction of machinery in industry and 
modern methods in business has emphasized the distinction 
between the skilled and the unskilled worker, placing the 
latter at a great disadvantage in the struggle for a living. At 
the same time the standards of living have been raised for all 
the people so that the supplying of what are now regarded as 
the ordinary necessaries of life is a serious problem for the un- 
trained workman. 

There will always be need for great nurrtbers of manual la- 
borers, and of these there is usually an ample supply. No sys- 
tem of government or of social or economic adjustment can 



262 GOVERNMENT AND THE PEOPLE 

make all men equal or prevent the great mass of the people 
from occupying an inferior position in the community. In a 
democracy, as well as in an autocracy, there will be classes of 
society; the difference is that under an aristocratic system the 
classes of society are fixed, there being almost no chance for a 
member of a lower class to rise to a higher class, while in a de- 
mocracy there are no permanent classes, it being possible for 
the humblest citizen to rise to the highest position in the state. 
In an aristocracy social position is mainly a matter of inheri- 
tance, in a democracy it is mainly a matter of individual worth. 

But for an individual to rise from a lower to a higher posi- 
tion requires the development of his faculties. The "open 
road" of opportunity along which one may advance from the 
lowest to the highest positions in industrial, business, and public 
life is education and training. The unskilled workman must 
always occupy the lower positions. It is the glory of American 
democracy that many of our foremost citizens have risen from 
the lowest to the highest places by the sheer force of their char- 
acter, ability, and industry, and under the simpler conditions 
of earlier times they needed very little help from the public. 

But the time has past when one may reasonably hope to rise 
very high merely by self-education. Even an Abraham Lin- 
coln could hardly become a great lawyer to-day by studying 
a few law books by the light of an open fire. It is almost im- 
possible now for a lawyer to rise to distinction in his profession 
without thorough preparation in a law school preceded by a 
college education. And so it is in all the other occupations; 
in each there must be thorough preparation varying with the 
nature of the occupation. This training can hardly be obtained 
except by systematic instruction in a school or otherwise. It 
is to meet this need that the public educational system has 
lately been extended so as to include vocational and industrial 
training for the young. 

Various plans of vocational training are being tried out. 
In some of the states industrial education is in charge of spe- 
cial boards or officials. Usually instruction in the ordinary 



PUBLIC EDUCATION 



263 



branches is given for a part of the time, while the rest of the 
time is devoted to practical instruction or work in shops, fac- 
tories, etc. Arrangements are made with manufacturers and 
Inisiness men by which pupils may be employed for a part of 
the time while going to school. Thus they combine theoretical 
instruction with practical experience, and at the same time earn 




COMAIUMTY MAKKKT IN A SOUTHERN COUNTY. 



something toward paying their expenses. This is a revival of 
the old apprentice system under new conditions. Through 
modern industrial education the pupil is given the opportunity 
to develop his mental faculties and to qualify himself to earn 
a living at the same time. 

218. Agricultural Education. — Instruction in agriculture is 
given in many of the pul)lic schools, and higher agricultural 
education is given in agricultural colleges. The federal govern- 
ment aids in this work by appropriating $50,000 a year for each 
of the states to be used in agricultural education in state col- 
leges. Experimental farms, etc., are maintained at these agri- 
cultural colleges, and scientific methods of farming, dairying, 



264 GOVERNMENT AND THE PEOPLE 

fruit-raising, etc., are taught. Many farmers attend short 
courses at these institutions during the winter months. Ex- 
perts or "demonstrators" are employed in many of the rural 
districts to advise farmers as to the best methods of farming. 
Through the Department of Agriculture of the federal govern- 
ment much valuable information is furnished to farmers and 
others interested in making the best use of the soil. Probably 
no class of workers receive so much help in the way of advice 
and instruction from the state and federal governments as 
the farmers. 

219. Normal Schools. — Good schools require good teachers, 
and most of the states make special provision for the training 
of public-school teachers. Teachers of the higher grades are 
often graduates of the best colleges and universities, but the 
great majority of teachers are not college graduates. A great 
many, however, attend normal schools, which are schools spe- 
cially for training teachers. Besides private normal schools, 
there are in this country over 200 public normal schools, in 
which more than 100,000 students are enrolled. Normal courses 
are also given in many high schools. Summer normal insti- 
tutes are common for the further training of teachers already 
engaged in public-school work. State education laws sometimes 
require all public-school teachers to attend or have attended 
normal courses. The leading state and privately endowed 
universities have schools of education and pedagogy for the 
benefit of persons expecting to make teaching a profession. 

220. Public Libraries. — Carlyle says: "The true university 
of these days is a collection of books." One of the most potent 
factors in education in any community is a good public library. 
Many public schools have small libraries, and in most of the 
larger cities there are fine public libraries maintained by the 
city authorities. Modern librarians are trained with special 
reference to assisting the public in the use of books, and in 
the larger public libraries material will be found for the study 
of almost any subject. Books may usually be either consulted 
in the library building or, with some exceptions, taken out for 



PUBLIC EDUCATION 265 

reading elsewhere. Soiru? liljriiries maintain travelling depart- 
ments, the books being sent out to readers away from the city, 
the library being thus literally taken to the people. 

Questions 

1. Why is general education especially important in a democracy? 
From his point of view was Governor Berkeley right in thanking God that 
there were no pubhc schools in Virginia? 

2. Is the education of the people a state or a federal function? Do 
you think that all of the public schools in the United States should be under 
the control of and supported by the federal government? 

3. Who is the superintendent of schools in your town or county ? Name 
the members of the local school board. 

4. Is there a state university in your state? If so, do students from 
the states pay the same tuition as .students from other states? 

.5. Is the chance for an uneducated man or woman as good now as it 
was a century ago? Do you think Lincoln would have gone to college if 
he had had the chance? 

(). What is being done in your state to educate persons making a liv- 
ing on the farm ? 

7. Is there a public library in your town? Do you have a library in 
your school ? Have you a good dictionary or encyclopiedia in your home ? 



CHAPTER XXIV 
COMMERCE, BUSINESS, AND COMMUNICATION 

221. Commerce and Its Regulation. — Commerce is a very- 
comprehensive term. It includes the pmxhase, sale, and ex- 
change of goods, wares, merchandise, and commodities of all 
kinds, and , the transportation of persons and property. Its 
chief elements are buying and selling and transportation. Com- 
merce deals with the things which are produced by the various 
agencies of production, such as agriculture, mining, fishing, 
lumbering, and industries of all kinds. All the agencies for the 
exchange and distribution of commodities come under the head 
of commerce. ''A prosperous commerce," said Alexander 
Hamilton, "is now perceived and acknowledged by all en- 
lightened statesmen to be the most useful as well as the most 
productive source of national wealth; and has accordingly 
become a primary object of their political cares." 

Commerce is either domestic or foreign. Domestic commerce 
is that carried on within the United States, and may be either 
interstate connnerce or intrastate commerce. Interstate com- 
merce is that carried on between states; intrastate commerce 
is commerce wholly within the borders of one state. Foreign 
commerce is commerce between this country and foreign coun- 
tries. The regulation of commerce is one of the most important 
functions of the government. The federal Constitution pro- 
vides that Congress shall have power "to regulate commerce 
with foreign nations, and among the several states, and with 
the Indian tribes." The power to regulate intrastate com- 
merce belongs exclusively to the states, which have passed a 
great many statutes on the subject. 

222. Interstate Commerce. — Congress has no more im- 
portant power than the power to regulate interstate commerce. 

266 



COMMERCE, BUSINESS, AND COMMUNICATION 267 

One of the main reasons for the adoption of the Constitution 
was to protect interstate commerce from hostile and burden- 
some state legislation by placing its control in the hands of 
Congress. The power to regulate interstate commerce in all 
matters of general interest is exclusively in Congress, and any 
state law constituting a burden on commerce and injuriously 
affecting the people of other states is void. 

Up to about forty years ago Congress made very little use 
of its power to regulate commerce. Such laws as were passed 
on the subject related mostly to shipping and navigation, land 
commerce being left unregulated. But beginning with the 
Interstate Commerce Act of 1887, Congress took up actively 
the regulation of interstate commerce by land as well as by 
water, and many important statutes on the subject have been 
passed. At present no power of Congress is more actively em- 
ployed than the commerce power. Regulation of commerce 
Ijy Congress may take a wide range. Among other things, it 
has included the enactment of navigation laws, and laws regu- 
lating the equipment of railway-trains, the hours of service of 
railway employees, the liability of common carriers to shippers 
and employees, railway rates, bills of lading, etc. Under the 
commerce power Congress may charter transportation com- 
jmnies, and may construct or authorize the construction of 
highways, bridges, railroads, canals, telegraph and telephone 
lines, etc., upon, over, and by means of which commerce is 
carried on, and may develop and improve harbors, rivers, and 
other natural waterways used in commerce. Authority for 
the construction of roads and other highways may also be found 
in the war powers and in the power to establish post-roads. 
The most conspicuous instance of the exercise of this authority 
is the construction of the Panama Canal. 

The power to regulate commerce includes the power to pre- 
scribe to some extent what may be shipped, and the use to 
which the facilities of commerce may be put. Since no business 
or industry can be conducted on a large scale unless its products 
can be marketed in the country at large. Congress is able, under 



268 GOVERNMENT AND THE PEOPLE 

the commerce power, to suppress certain kinds of business alto- 
gether by excluding its products from interstate commerce, or 
to require commodities offered for transportation to conform 
to reasonable standards prescribed by it. In this way Con- 
gress to a considerable extent exercises ordinary police power 
in regulating business and manufacture within the states, doing 
indirectly what it has no power to do directly. Congress has 
prohibited the interstate shipment of lottery tickets, impure 
and adulterated or misbranded foods and drugs, intoxicating 
liquors, prize-fight films, and various other objectionable ar- 
ticles, thus putting an end to business in such articles. Such 
articles have been described as "outlaws of commerce." All 
such may be exeluded from interstate commerce. 

223. The Interstate Commerce Acts. — The Interstate Com- 
merce Act of 1887 was the first comprehensive statute passed 
by Congress for the regulation of railroads. This act and its 
amendments establish the Interstate Commerce Commission, 
now consisting of nine members, with large power of control 
over the railway and common-carrier business of the country. 
Among the acts amendatory of or supplementary to this act 
may be mentioned the Elkins Anti-Rebate Act (1903), the 
Hepburn Act (1906), the Mann-Elkins Act (1910), and the 
Physical Valuation of Property Act (1913), for the valuation 
of the property of carriers engaged in interstate commerce. 
The regulation of railroads has proved to be a very difficult 
matter and new statutes are passed from time to time. 

Besides the Interstate Commerce Commission there is the 
Federal Trade Commission, composed of five members, which 
was established in 1914. Its principal functions are to enforce 
the federal laws against "unfair methods of competition in 
commerce," and to conduct investigations and make reports 
in respect to commercial corporations and violations of the 
anti- trust acts. In 1920 Congress established the United States 
Railway Labor Board, consisting of nine members, of whom 
three represent the employees and subordinate officials of the 
carrier, thr«e represent the carriers, and three represent the 



COMMERCE, BUSINESS, AND COMMUNICATION 269 

public. This board has jurisdiction to hear and adjust dis- 
putes between the carriers and their employees involving griev- 
ances, ]ules, working conditions, wages, etc. 

224. Foreign Commerce. — The regulation of foreign com- 
merce is exclusivel}^ in the hands of Congress. Direct regu- 
lation consists mainly in the enactment of laws dealing with 
navigation and shipping. Indirectly foreign commerce is to 
some extent regulated by the tariff laws. Congress has, it 
seems, full power to determine what may or may not be brought 
into this country from abroad, and also to prohibit exportations 
from the country when necessary, as by laying an embargo 
as a war measure. In time of war trading with the enemy na- 
tion may be prohil^ited. For the promotion of foreign com- 
mei-ce, commercial treaties are made with other nations, and 
consular officers of the United States are stationed in all sea- 
ports and other important towns of foreign countries to look 
after the commercial interests of this country with a special 
view to promoting foreign trade. The immigration laws are 
regulations of foreign commerce. The protection of the United 
States from plant pests imported from abroad is another sub- 
ject of regulation, unhappily delayed until after incalculable 
damage had already been done. 

225. Some Aids to Commerce. — The federal government 
maintains several important departments or agencies in aid 
of commerce, especially by water. The Coast-Guard, formed 
in 1915 by a combination of the former Revenue-Cutter Ser- 
vice and Life-Saving Service, operates under the Treasury 
Department in time of peace, and under the secretary of the 
navy in time of war, or when the President shall so direct. Its 
principal duties are: assisting vessels in distress and saving 
life and property; destroying or removing wrecks, derelicts, 
and other floating dangers to navigation; protection of the 
customs revenue; enforcement of laws relating to quarantine 
and neutrality; enforcing the navigation laws, and the like. 
It renders an inestimable service to commerce. 

The Weather Bureau, which belongs to the Department of 



270 GOVERNMENT AND THE PEOPLE 

Agriculture, is an important agency whose work is familiar 
to all. This bureau forecasts the weather, issuing storm warn- 
ings and displaying weather-signals; gauges and reports the 
condition of rivers; maintains and operates seacoast tele- 
graph-lines and collects and transmits marine intelligence for 
the benefit of commerce and navigation; reports temperature 
and rainfall conditions; and takes and records observations 
showing the climatic conditions of the United States. The 
manifold services of this bureau are valuable not only to those 
engaged in commerce but to the population generally. 

The increase in the activities of the federal government in 
connection with commerce led to the establishment of the sepa- 
rate Department of Commerce in 1913. Its most important 
bureaus directly aiding commerce are the Bureau of Naviga- 
tion, Steamboat Inspection Service, Bureau of Lighthouses, 
and Bureau of Foreign and Domestic Commerce. 

226. Corporations. — A large part of modern business and 
industry is carried on by corporations. A corporation is an 
artificial person created by authority of the government for 
some specific purpose, having some of the powers of a natm-al 
person, but limited in its powers, rights, and liabilities by the 
terms of the act creating it. The instrument by which a cor- 
poration is created is called its charter. A corporation may be 
organized for purposes of gain, engaging in the ordinary com- 
mercial or industrial pursuits, or for purposes of charity, edu- 
cation, recreation, etc. The affairs of a corporation are managed 
by directors and officers chosen by the members of the cor- 
poration. In business corporations membership is represented 
by shares of stock and the members are known as stockholders. 

The main advantages of a corporation are that by this means 
many persons may combine their resources and act as one per- 
son, and also, in business corporations, the hability of the per- 
sons conducting the business is limited to a definite amount. 
If an individual engaged in business fails, all his property may 
be taken to pay his business debts, but where a corporation 
fails, only its property, and not the individual property of the 



COMMERCE, BUSINESS, AND COMMUNICATION 271 

stockholders, is liable for its debts. The stockholder may lose 
the amount he paid for his stock (and sometimes, by law, that 
much more), but this is all. This limitation of liability en- 
courages persons to invest money in business enterprises; they 
may gain, and, if it comes to the worst, they can lose onlj' so 
much. 

227. Trusts and Monopolies. — From the corporation de- 
veloped the modern trusts or industrial combinations. These 
began to be formed with the beginning of modern production 
on a large scale about the year 1880. At first, combinations 
of corporations engaged in the same business were informal, 
being merely so-called "gentlemen's agreements" to main- 
tain prices and to divide territory between them to save waste- 
ful competition. These agreements were unlawful and, of 
course, could not be enforced. Nor could corporations com- 
bine by holding each other's stock, for the law did not permit 
one corporation to be a shareholder in another company. Then 
a plan was devised by which corporations wishing to combine 
placed their stock in the hands of a board of trustees who were 
to hold the stock of all the companies and manage the com- 
bined business. Such an arrangement created what in law is 
known as a "trust," and these combinations were therefore 
called trusts. The first of these trusts was the Standard Oil 
Trust formed in 1879. 

The rise of these combinations called forth much anti-trust 
legislation by the states and such trusts were outlawed. But 
in 1889 New Jersey passed a statute authorizing the formation 
of a corporation to hold the stock of other companies, such a 
corporation being known as a holding company. Several other 
states passed similar statutes, and combinations were now 
effected in this manner. Some of these combinations, still 
called trusts though no longer trusts in a legal sense, practically 
monopolized the business of the country in their respective 
lines. With plants in various parts of the country and business 
connections pretty much everywhere, they were able to fix 
Drices almost at will. But because of the interstate character 



272 GOVERNMENT AND THE PEOPLE 

of their business these trusts were engaged in interstate com- 
merce, and therefore were subject to regulation by Congress, 
which in 1890, to some extent, met the situation by passing 
the Sherman Act described in the next section. This has ended 
trusts of this type. 

The third and present form of combination is the corporate 
merger, in which a single corporation acquires title to the prop- 
erties of the combining concerns. It is simply a huge corpora- 
tion. The United States Steel Corporation is the most con- 
spicuous example. It employs 275,000 persons. Whether 
such a combine is illegal depends entirely upon its business 
methods. There is no illegality in merely forming a giant cor- 
poration. And there are very great advantages in carrying 
on business and industry on a large scale; in fact, this is a prac- 
tical necessity under modern industrial conditions. The large 
producer can command resources and effect economies in pro- 
duction which would be impossible for the small producer. 
By-products which in a small establishment would be thrown 
away, because not in sufficient quantity to make it worth 
while to utilize them, may be worked up profitably in a big 
plant. With the immense resources of a giant corporation 
experimental and development work can be carried on which 
would be impossible in a small plant. 

Large-scale production means lower prices for the consumer, 
provided the producer is held in check by law from taking ad- 
vantage of the monopoly growing out of his control of produc- 
tion. The remedy for abuse is strict supervision and control 
by the state or federal government. Every business or indus- 
try is subject to regulation, and whenever a person or corpora- 
tion gains a monopoly of a staple article or a necessary of life, 
the government may fix the price at a reasonable figure, if it 
is made exorbitant. So far, price fixing on this account has 
not been necessary in the case of commodities, but rates and 
charges of public-service agencies, such as grain-elevators, com- 
mon carriers, telephone and electric companies, have been so 
fixed. 



COMMERCE, BUSINESS, AND COMMUNICATION 273 

228. The Anti-trust Laws. — Among the best known of the 
statutes passed by Congress in regulating commerce are the 
so-called "anti-trust laws" directed against unlawful restraints 
of trade and commerce. The first of these was the Sherman 
Act of 1890, which provided that: "Every contract, combina- 
tion in the form of trust or otherwise, or conspiracy, in restraint 
of trade or commerce among the several states, or with foreign 
nations, is hereby declared to be illegal," and also that: "Every 
person who shall monopolize, or attempt to monopolize, or 
combine or conspire with any person or persons, to monopolize 
any part of the trade or commerce among the several states, 
or with foreign nations, shall be guilty," etc. Punishments are 
prescribed for violations of the act, and the federal courts are 
given jurisdiction to enjoin such violations. Also any person 
injured in his business or property is given the right to recover 
threefold damages from the wrong-doer. 

Numerous suits have been brought under this statute against 
the so-called trusts and other big business combinations, in- 
cluding railroads. Among the most famous suits against com- 
binations of capital have been those against the Standard Oil 
Company and the American Tobacco Company in 1911, in 
which these great trusts were dissolved and compelled to re- 
organize. Combinations of labor have also been brought into 
court. In the case of the Bucks StOve and Range Company 
against the American Federatipn of Labor, a strike to enforce 
compliance with labor's demands in a dispute about hours of 
labor, was enjoined as a violation of the statute. In the famous 
"Danbury Hatters Case," threefold damages, amounting to 
about $240,000, were recovered by hat manufacturers of Dan- 
bury, Connecticut, from a combination of labor organizations 
who sought by means of a strike and boycott to compel the 
complete unionization of the hat factory. These decisions 
led to the enactment of provisions in the Clayton Act of 1914 
considerably restricting the operation of the anti-trust laws 
and the use of the injunction as applied to combinations of 
labor. 



274 GOVERNMENT AND THE PEOPLE 

229. Banking and Insurance. — In no lines of business is 
state supervision more necessary for the protection of the pubhc 
than in the business of financial institutions, such as those 
engaged in banking and insurance. Banks are essential to the 
commercial life of the country, and upon insurance the people 
rely for security against the financial hazards of death, fire, 
accident, and disaster. Unless corporations or private persons 
engaged in business of this kind are solvent and their business 
is honestly and properly managed, their patrons must suffer 
loss; and the nature of the business is such that private persons 
cannot find out for themselves how far these conditions are 
satisfied, or force those engaged in such business to conduct it 
properly. State regulation is therefore necessary, and all of 
the states have passed laws on the subject. These laws usually 
provide for special officers, such as bank commissioners or in- 
surance commissioners, whose duty it is to see that the state 
laws governing these businesses are complied with. Since such 
supervision became universal, loss to patrons from the failure 
of banks and insurance companies, or the defalcation of their 
officers, has become almost unknown. 

230. Protection to Investors — Blue Sky Laws. — The ever- 
increasing wealth of the people of the United States has greatly 
enlarged the opportunities for investment. A popular form 
of investment is in the stocks and bonds of industrial, mining, 
and other business corporations, and such investments no.w 
amount to billions of dollars. But the average small investor 
usually has no means of determining the real value of stocks 
and bonds offered for sale and is forced to rely upon the rep- 
resentations of persons soliciting his subscription. This situa- 
tion offers a rich field for unscrupulous promoters, and millions 
of dollars are annually lost by the people through investments 
in worthless stocks and bonds. The federal government is 
doing something to put an end to this evil through its control 
of the postal service, but it is to the state governments mainly 
that the people must look for protection in this matter. 

Quite recently the states have entered this field, and steps 



COMMERCE, BUSINESS, AND COMMUNICATION 275 

are being taken to protect the investor by providing for ade- 
quate inspection and supervision so as to prevent the sale of 
fraudulent or worthless securities to the public. The first law 
of this kind was the Kansas so-called "Blue Sky Law," passed 
in 1911. This law requires all persons undertaking to sell 
stocks, etc., in the state, first to file a financial statement and 
other information about the business with the proper state 
authority, and obtain a permit before offering any such stocks, 
bonds, or other securities for sale. By this means the state 
has been rid of the sellers of fake or fraudulent securities. 
Many other states have passed similar laws. 

231. Bankruptcy. — Many business men and others find 
themselves unable to pay their debts, that is, they become 
bankrupt. The Constitution grants to Congress power to 
establish "uniform laws on the subject of bankruptcies through- 
out the United States." A bankruptcy law is a law which either 
permits or compels a bankrupt to surrender all his property, 
with a few exemptions, for the satisfaction of his creditors, 
and be thereupon discharged of his debts whether paid in full 
or not. The law works in favor of both the creditor and the 
debtor. In bankruptcy proceedings the creditor secures the 
payment of a part at least of his claim, and the debtor is dis- 
charged from all his obligations, and enabled to start anew 
without being harassed by his creditors. His legal obligation 
is fully discharged, but the moral obligation to pay all just 
debts in full remains. Should he afterward become able to do 
so, an honest bankrupt will pay the unpaid balance of his debts, 
even though the decree in bankruptcy protects him from being 
made to do it. When there is no federal bankruptcy law, the 
states may pass their own laws on the subject. Congress has 
passed four bankruptcy laws, the present law having been 
passed in 1898. The United States district courts have juris- 
diction of bankruptcy proceedings. 

232. Highways and Transportation. — Roads have been 
aptly described as the blood-vessels of the body politic. Poor 
roads mean poor circulation and resultant stagnation. Much 



276 



GOVERNMENT AND THE PEOPLE 



of the greatness and power of the Roman Empire was due to 
its magnificent system of roads radiating from Rome to all 
parts of the empire. It is stated that twenty-nine military 
roads centred at Rome, which, with their branches, had a total 




PART OF THE COLUMBIA RIVER HIGHWAY. 



length of over 50,000 miles. So well built were these roads that 
portions of some of them are still in use. In this country the 
building of roads was neglected until within recent years. 
Country roads were often little more than trails, and, since 
roads were regarded as of merely local concern, what little 
attention they received they got, as a rule, from the local com- 
munities to which they belonged. The idea that the state at 



COMMERCE, BUSINESS, AND COMMUNICATION 277 

large has any interest in the maintenance and control of roads 
came later, but this fact is now fully recognized. 

General interest in the improvement of through highways 
seems to have been first aroused about 1885, when the bicycle 
came into general use, but it is the introduction of the auto- 
mobile that is mainly responsible for the present great activity 
in road-building on a large and permanent scale. National 
good roads associations have been influential in securing the 
enactment of road legislation by the states. State highway 
commissioners or boards have been provided for, and hundreds 
of millions of dollars are being expended throughout the coun- 
try by the various states in the construction and improvement 
of roads. In this work the county or other local governments 
are co-operating. The introduction and extension of the rural 
postal delivery service has made the matter of post-roads of 
special importance to the federal government, and in 1916 
Congress inaugurated a system of federal aid to states in the 
construction of roads, and large appropriations are being made 
to be added to appropriations made by the several states. Be- 
sides roads, some of the states have constructed extensive 
canals, the most important of which is the Erie Canal in New 
York. 

The use of roads and transportation in general is to some 
extent regulated by state law. The common law provides a 
system of rules for the regulation of common carriers, and these 
have been largely supplemented by statutes. Transportation 
agencies, such as railway and steamship lines, electric lines, 
and also telegraph and telephone lines, are elaborately regu- 
lated. In many states corporation or railway commissions, 
corresponding to the Interstate Commerce Commission, have 
been established to administer the law relating to transpor- 
tation companies and other public utilities. The power of the 
state is limited, however, to the regulation of intrastate com- 
merce and transportation, since the power to regulate inter- 
state commerce belongs to Congress. The introduction of the 
automobile has made necessary legislation governing their 



278 GOVERNMENT AND THE PEOPLE 

use on the public streets and highways. These laws are still 
in a somewhat experimental stage. 

233. Regulation of Railroads. — Railroads have long been 
a favorite subject of regulation by the states. Railroad com- 
panies are "common carriers," holding themselves out to serve 
the public without discrimination, and all common carriers of 
whatever description, from the humble wagoner to the great 
raihvay and steamship companies, have always been subject 
to public control. By the common law a common carrier is 
regarded as a semi-public agency and is held to a higher 
standard of duty and liability than is established for persons in 
ordinary occupations. The importance of transportation to 
civilization justifies a degree of public control over common 
carriers which would not be necessary or proper over most 
other persons offering their services to the public. 

For many years the state legislatures were very active in 
regulating railroads, and the statute-books of the states con- 
tain many provisions relating to such subjects as stopping 
trains at stations, keeping ticket-offices open, the equipment 
of trains, safety devices, cattle-guards, grade crossings, loco- 
motive spark-arresters, and headlights, the qualifications of 
engineers, freight and passenger rates, etc. Regulations secur- 
ing better service or lower charges are naturally popular with 
the people, and this fact, together with a considerable hostility 
to railroad companies caused by abuses in railroad manage- 
ment, some years ago encouraged legislators to promote their 
political fortunes at the expense of the railroads. Railway 
legislation, though in many cases proper, became in the ag- 
gregate so burdensome upon the railroad companies as seriously 
to embarrass the transportation business, especially as most 
of the principal railways lay in several states and were thus 
subject to regulation by as many legislatures. 

The regulation of railroads by the state has become of much 
less importance in recent years by reason of the increasing 
extent to which this subject has been taken over by Congress. 
Pfior to the enactment of the Interstate Commerce Act of 1887 




Courtesy of the A 



THE PHANTOM CANYON HIGHWAY, COLORADO, BUILT 

ENTIRELY BY VOLUNTEER LABOR RECRUITED 

FROM NEIGHBORING CITIZENS. 



280 GOVERNMENT AND THE PEOPLE 

railroad legislation was left almost entirely to the states, but 
at present most of the important regulation is by Congress. 
The fact that practically all railroads are engaged in interstate 
commerce brings them within the commerce clause of the Con- 
stitution, and it has been found that interstate and intrastate 
commerce are so intimately connected with each other — the 
same tracks and usually the same trains being used for both 
kinds of commerce — that the regulation of interstate com- 
merce by Congress necessarily involves to a considerable ex- 
tent the regulation of intrastate commerce at the same time. 
Such matters as the equipment of trains, rates, hours of ser- 
vice, and the like, are now left almost entirely to Congress. 

A conspicuous instance of state regulation is found in the 
Southern states in the laws requiring separate but equal ac- 
commodations on trains and in waiting-rooms for white and 
colored persons. These so-called ''Jim Crow Laws " have been 
held valid by the Supreme Court where the accommodations 
are in fact equal. But a state law permitting carriers to provide 
sleeping-cars, dining-cars, and chair-cars exclusively for white 
persons without providing similar accommodations for colored 
persons denies to the latter the equal protection of the laws, 
and is therefore unconstitutional. The state laws apply only 
to transportation within the state. 

234. The Postal Service. — No power of the federal govern- 
ment, except its power to establish a currency, comes so close 
to the citizen in his every-day life as its power over the postal 
service. The post-office is the one place in the community that 
every one goes to, and the postmaster or carrier is the one gov- 
ernment official that every one knows. The child buying a 
post card or a stamp at the post-office is dealing directly with 
the government of the United States. The postal service is 
the greatest business enterprise of the government, its annual 
receipts and expenditures running into the hundreds of mil- 
lions of dollars. And no department of the government has 
been more useful to the people or better administered than the 
Post-Office Department. 



COMMERCE, BUSINESS, AND COMMUNICATION 281 

The postal powers of Congress are granted in the provision 
of the Constitution that Congress shall have power "to estab- 
lish post-offices and post-roads." The national postal service 
is a continuation of the service established by th(> British Gov- 
ernment in colonial times. Benjamin Franklin, who had been 




SORTING PARCEL POST MAIL IN A U. S. POST-OFFICE. 



postmaster-general liefore the Revolution, became the first 
postmaster-general of the United States, a fact which is com- 
memorated by the appearance of his portrait on many of our 
postage stamps. Adhesive postage stamps for prepaying post- 
age were first issued by the government in 1847, though the 
postmasters of several towns and cities had issued such stamps 
in 1845 and 1846. The first stamped envelopes were issued 
in 1853, and the first post cards in 1872. The registration of 
letters was introduced in 1854, and free delivery in large cities 



282 



GOVERNMENT AND THE PEOPLE 



in 1863. Special delivery service was started in 1885, and rural 
free delivery in 1887. Postal savings banks were established 
in 1910, the present parcel post system in 1913, and airplane 




MAIL SERVICE BY AIRPLANE. 

Loading mail for conveyance between long-distance points. 



service on a small scale in 1918. These facts indicate the de- 
velopment of the service. 

The rates of postage are prescribed by Congress, and when 
the long distances in this country are taken into account, our 
postal rates are probably the lowest in the world. Govern- 
ment mail is carried free, and members of Congress are also 
granted the franking privilege. Books, etc., printed in raised 
letters for the blind are also carried free within certain weight 
limits. Mailable matter is divided into four classes with a 



COMMERCE, BUSINESS, AND COMMUNICATION 283 

different rate for each; namely: (1) letters, post cards, and 
other written matter; (2) newspapers and periodicals; (3) 
miscellaneous printed matter, such as books, circulars, cor- 
rected proof, etc.; (4) merchandise and all mailable articles 
not included in the other three classes. Certain articles are 
excluded as non-mailable, these being various dangerous, in- 
jurious, or immoral articles, or articles to be used for criminal 
purposes, or treasonable or seditious matter, etc. 

The use of the mails for fraudulent purposes is prohibited, and 
the mailing of post cards or matter upon the outside of which 
libellous, threatening, or indecent matter is written or printed. 
If the postmaster-general has reason to believe that the mails 
are being used to carry on some fraudulent business, he may 
issue to postmasters a "fraud order" directing them to mark 
letters addressed to the suspected party "fraudulent," and 
return them to the senders, and also prohibiting the payment 
of money orders in favor of such party. In this way many 
fraudulent businesses have been broken up and the people pro- 
tected from swindlers. But government officers are not per- 
mitted to open sealed mail for the purpose of inspection with- 
out a search warrant. 

Postmasters are divided into four classes according to their 
compensation, which is determined by the revenues of their 
offices. The salaries of the postmasters at New York, Chicago, 
Boston, Philadelphia, and St. Louis are specially fixed by law. 
Postmasters of the first three classes are appointed by the Presi- 
dent, by and with the advice of the Senate, and hold office for 
four years, unless sooner removed. Fourth-class postmasters 
are appointed under civil service regulations by the postmaster- 
general and may be removed by him. 

Questions 

1. What power over commerce is given in the Constitution to Congress 
and to what commerce does it extend? May Congress determine what 
may or may not be shipped from state to state? May Congress prohibit 
strikes on interstate railroads? 



284 GOVERNMENT AND THE ]'1<X)PLE 

2. Wlmti (lircc coininissious oi' boards has Congress created for llic 
regulation of commerce? 

3. Do you think the government ought to grant bounties to private 
shipowners to encourage Americans to engage in the shipping business 
when foreigners can haul goods to and from this country cheaper than 
Americans (^an ? 

4. Name some of the ways in which the government aids connnerce 
by water. 

5. What are the two main advantages of a corporation as a means of 
caJTying on a business? 

6. What is a "trust"? Is a trust engaged in interstate commerce law- 
ful? Mention some of the advantages of carrying on business on a large 
scale, as is done by the Standard Oil Company. What if the price of oil 
were fixed at an exorbitant, price? 

7. What is the Sherman Act? 

8. Why should the banking or insurance business be regulated by the 
state? How can you find out whether an insurance company is reliable 
and able to pay losses? 

9. What arc "Blue Sky Laws" and why are they desirable? 

10. What is a bankruptcy law and what is its object? If a man gets 
a discharge in bankruptcy proceedings without his creditors beinT; paid 
in full, can he be made to pay the balance due them? Should he pay them 
if afterward able to do so? 

11. lender what clause or clauses of ihc Constitution does Congress 
get its power to approi)riate money to helj) the states build roads? 

12. Mention some respects in which the states have regulated rail- 
roads. Why is regulation of railroads by the state less important than 
formerly ? 



CHAPTER XXV 
LABOR, CAPITAL, AND INDUSTRY 

235. The Factors of Production. — The object of industry 
is the production of tilings needed or desired by num. There 
are three factors which must combine in ])roduction; namely: 

(1) Natural Resources. — These inchide all the natural ma- 
terials, forces, and (]ualiti(^s or activities freely supplied by 
nature. Such are land; minerals: timlxM- and vegetation of 
all kinds and its fruits; l)irds, animals, fish, and other living 
things useful to man; water; air; in short, all the gifts of nature 
which may l)e used in j)roduction. There are also the natural 
forces; the water falling in streams and the wind may be used 
for power; also steam (th<> product of heat and water) and 
electricity. Fire is useful for steam-making and for other in- 
dustrial processes. The mysterious vital force which causes 
the seed to si)rout and grow and the properties of the chemical 
elements which make them unite into new and useful com- 
binations are furtluM- illustrations. The more we learn about 
the riches of nature and how to control and use its bountiful 
gifts, the wider the range and tlu^ greater the yield of industry. 

(2) Labor. — In general laboi- includes all useful human exer- 
tion or activity, whether physical or mental. The manager of 
a business or factory, a railroad president, an artist, a teacher, 
a lawyer, a preacher, are all performing lal)or just as truly as 
the man who handles a pick oi- hoe or runs a locomotive. In 
an economic sense labor is all human exertion (>inployed in 
production. In modern industrial life, however, a sharp dis- 
tinction is made between physicuil and mental labor, and in 
every-day language only the man who works with his hands is 
classed as a laborer, the term labor meaning physical labor only. 

285 



286 GOVERNMENT AND THE PEOPLE 

(3) Capital. — Capital is that part of the products of past 
labor which is devoted to the aid of further production. Capi- 
tal consists entirely of the savings of past labor. It is not 
merely wealth, which includes everything produced or acquired 
by man; capital is only such wealth as is used for the produc- 
tion of other wealth. Sometimes people think or speak of 
wealth and capital as being money. But money is not synony- 
mous with either wealth or capital. Money is merely a means 
of exchange. It cannot itself satisfy any human need or assist 
in production. To do this it must be exchanged for other things 
which can. What capital does for production is to afford the 
shelter, protection, tools, and materials required by labor in 
production, and to feed and otherwise maintain the laborer 
while he is at work. Either capital or labor without the other 
is absolutely helpless. The pick in the miner's hands is capi- 
tal; so perhaps are his clothes, his dinner-pail and his food, 
the house he lives in, and everything else he uses. In the very 
beginning the requisites of production are natural resources and 
labor. Even the ripe fruit growing wild on the tree requires 
labor to gather it. If one gathers more food than he needs 
for immediate use, what he saves may be used as capital to 
feed him while he works at something else ; for example, while 
he prepares shelter or goes after other food. What one saves 
and uses to enable him to produce more is capital. 

The human elements in production fall into two classes: the 
laborers (including managers) and the capitalists, or those 
who own or control the capital and natural resources employed 
in production. Frequently the same person or persons may 
belong to both classes. A cobbler who runs his own one-man 
shoe-repair shop is both laborer and capitalist. His tools and 
materials, together with his clothes, shelter, and food-supply, 
constitute his capital, and his own hands and brain perform 
the labor. If he hires an assistant, he becomes an employer 
of labor as well as a capitalist. On a larger scale, if 500 shoe- 
factory operatives should organize a corporation, buying all 
the stock themselves, and establish a factory of their own and 



LABOR, CAPITAL, AND INDUSTRY 



28: 



work in the factory, they would be both capitaHsts and la- 
borers. Every person who owns a share of stock in a mine or 
industrial plant is a capitalist. 

236. The Relations of Labor and Capital. — Since the laborer 
and the capitalist must work together in production, the ques- 




A LABORER AND CAPITALIST IN ONE PERSON. 



tion arises, what about their relations to each other? Shall 
there be harmony or strife? Do their interests agree or con- 
flict? The proper adjustment of the relations between labor 
and capital is the great economic problem of to-day. To reach 
a just solution of the problem, its exact nature must be clearly 



288 GOVERNMENT AND THE PEOPLE 

understood. In the first place we find that labor and capital 
are both interested in the goods they produce, for it is to their 
joint product that both must in the long run look for their re- 
ward. The products of industry are sold to the consumers, 
and the final return to the producer, whether laborer or capital- 
ist, is the money received from the sale. 

Labor and capital should each receive its just share of the 
proceeds. The return to labor is called wages, and the return 
to capital is dividends or profits. But both must come out of 
the products of the industry. The wages of labor are paid in 
advance out of capital as the work proceeds. Capital's share 
does not come in until the products are disposed of, and whether 
capital makes anything depends upon whether the industry 
is run at a profit. If it costs more to produce the goods (in- 
cluding the amount paid as wages) than they sell for, capital 
loses instead of gains. This often happens. However it may 
turn out, the laborer is sure of the wages he receives, but capital 
makes nothing unless there is a profit. The laborer's return 
is certain, that of the capitalist is speculative. But without a 
profit the capitalist will not continue the business. Capital 
must make a profit or there will be no work for the laborer. 
Since both wages and dividends must in the long run come out 
of profits, it is to the interest of both laborer and capitalist 
that the output should be as large as possible and be produced 
at the lowest possible cost (other than for wages), so that there 
will be the more to divide between them. But this is true only 
provided each gets his proper share of the profits. The big 
question is, how shall the profits be divided? 

Here labor and capital part company. In the division of 
profits their interests directly conflict. The more one gets 
the less will be left for the other. As a matter of justice each 
should receive a share of the profits in proportion to his part 
in the production of the goods. In this respect there is a differ- 
ence between the workers themselves. A manager, for example, 
who by ability and hard work can convert an industry that 
has been running at a loss into one making a profit of $100,000 
a year, is certainly entitled to a larger share of that profit than 



LABOR, CAPITAL, AND INDUSTRY 289 

an ordinary workman. There is usually no j]^-eat trouble in 
apportioning the compensation of the workers, the big prol)lem 
is to fix the respective shares of labor and capital. 

Capital must receive enough to pay a fair interest on the 
investment or it will be withdrawn and the industry will close 
down. But labor must also get its share. It is over this ques- 
tion that the contest between labor and capital has mainly 
been waged, though other matters, such as hours of labor and 
working conditions, have also been involved. The ideal way 
would be for the division to be made by some impartial judge 
wise enough to determine the just shares of both parties. In 
practice the division is made by those who manage the business, 
and these are chosen by capital and not by labor. Naturally 
labor has not always gotten its full share. This injustice has 
led to efforts by laborers to enforce a just division. But since 
in modern industry the individual workmen are helpless in 
competition with their employers, they have combined to en- 
force their demands. 

237. Labor Unions and Employers' Associations. — In for- 
mer times if a workman wanted a job he could go to the pro- 
spective employer and arrange with him the terms of employ- 
ment to their mutual satisfaction. Employer and employee 
stood upon pretty even terms. Nothing like this happens in 
modern industry. The employer, inmost cases, is a corpora- 
tion, governed by a board of directors who appoint officers or 
managers to run the business. The workmen never meet and 
rarely even see the directors or higher officers of the corpora- 
tion, but work directly under foremen or bosses, who hire them, 
perhaps fifty or one hundred at a time, on terms fixed by those 
higher up. One workman by himself counts for nothing to 
the corporation, and he must accept the terms offered or go 
without work. But work he must have or he and his family 
will suffer. And what is true of one workman is equally true 
of thousands, so long as they remain unorganized.* 

* "The increasing use of machinery, although vastly more efficient than 
the hand labor which it has replaced, makes all productive operations 
more and more dependent upon the possession of capital, on the abihty 



290 GOVERNMENT AND THE PEOPLE 

This helplessness of the laborer is overcome by the labor 
union, which is an association of workmen. Even a powerful 
corporation must listen to the demands of a union of hundreds 
or thousands of workmen. Every important industrial occu- 
pation now has its trade-union, organized on a local, state, and 
national scale. Acting through representatives they arrange 
by "collective bargaining" with the employer a "trade agree- 
ment" covering the. terms of employment. The substitution 
of collective bargaining for individual bargaining puts the em- 
ployees on more nearly equal terms with the employers. Thus, 
acting as a unit, workmen are often able to enforce their de- 
mands. 

The most prominent labor organization in this country at 
present is the American Federation of Labor. This is a general 
federation of trade-unions covering the entire country. It 
comprises over 100 trade-unions, including most of the indus- 
trial occupations, and has over 4,000,000 members. It is a 
well-organized and influential body and, since its organization 
in 1881, has been very successful. One reason for its success 
has probably been its adherence usually to the policy of keep- 
ing out of politics. Outside of the American Federation of 
Labor are several important non-federated unions, such as 
the several unions of railway employees, the best known of 
which is perhaps the Brotherhood of Locomotive Engineers. 

To some extent matching the labor organizations there are 
numerous employers' associations. In 1903 a large number 
of these were federated in the Citizens' Industrial Association 
of America. This is now included in the larger organization, 
the National Council for Industrial Defense, formed in 1907. 

to purchase machines, premises, etc., and to forego the prospect of imme- 
diate reward for the sake of future profit. In such a condition of things 
the isolated laborer has nothing whereon to subsist except his labor power, 
which he must sell as best he can to the highest bidder. In the nature of 
things he cannot receive less for it than what will enable him to barely 
exist, but anything over and above this will depend on the bargain he is 
able to make with his employer." — Leacock, "Elements of Pohtical Sci- 
ence," p. 372. 



LABOR, CAPITAL, AND INDUSTRY 



291 



Employers' associations have not as yet occupied much place 
in the public mind. 

238. Industrial Warfare and Its Methods. — When em- 
ployers and employees are unable to settle their differences 
by agreement they resort to industrial warfare. The main 




A 14.000-TON HVDRAULIC PRESS FORGING A HEAVY OPEX 
HEARTH STEEL PLATE IN A LARGE STEEL-PLANT. 



weapons of the employee are the strike and the boycott, and 
those of the employer are the lockoiit and the blacklist. A 
strike has been defined as ''a cessation of work l)y a group of 
employees by preconcerted agreement for the purpose of en- 
forcing a demand concerning the conditions of employment." * 
Usually the strike concerns conditions of the strikers' own 
employment, but sometimes employees who are themselves 
perfectly satisfied go on a strike out of sympathy for a strike 
in some other establishment. By such a sympathetic strike 
they hope, through the influence of their own employer, or by 

* Groat, "Organized Labor in America," p. 161. 



292 GOVERNMENT AND THE PEOPLE 

the effect of their strike upon the general condition of the in- 
dustry, to contribute to the success of the other strike. 

The causes of strikes are numerous and several causes may- 
contribute to the same strike. Sometimes for the sake of en- 
listing the sympathy of the public, the strikers may profess 
one grievance when their real reason for the strike is something 
else which the public might not approve. It is not always easy 
for the public to find out the real cause of a strike, and its sjon- 
pathy may, therefore, be sometimes misplaced. This point 
is important, for without the support of public opinion a strike 
in the more important employments, such as coal-mining and 
transportation, is almost sure to fail. In case of a general strike 
or threatened strike both sides usually seek to justify them- 
selves with the public. The most important causes of strikes 
are those growing out of questions of wages, hours of labor, 
and the recognition of unions. Another prominent cause is 
the demand of the unions that employers shall employ only 
union labor, that is, shall adopt the "closed-shop" policy 
as opposed to the policy of the "open shop," according to which 
laborers are employed without reference to whether they are 
members of unions or not. 

Sometimes, to reinforce the strike, employees resort to the 
boycott, which has been variously defined, but which consists 
essentially in an attempt to secure concessions from employers 
by stopping the sales of their products. "In its simplest form 
it consists in the laborers themselves refusing to purchase and 
in inducing those who are in active sympathy with them to 
do the same. In its more complex form it takes on a specific 
organization to accomplish the result by bringing pressure to 
bear upon other employers to induce them to withhold business 
relations until the issues in dispute are settled." * Various meth- 
ods have been used to make boycotts effective, including in- 
timidation, force, and violence. Courts have held boycotts 
unlawful when objectionable methods have been employed. 
In general, while simple strikes by workmen to bring about 
* Groat, "Organized Labor in America," p. 245. 



LABOR, CAPITAL, AND INDUSTRY 293 

an improvement in their own condition are held lawful when 
peaceably conducted, boycotts have usually been regarded as 
unlawful. A feature of the boycott is the publication of an 
''unfair list" of employers with whom the public is warned 
or urged not to deal. Of a milder sort is the "fair list" of ap- 
proved employers. Similar to the latter is the use of the " union 
label" on the products of approved establishments. 

To meet a strike an employer may hire other workmen in 
place of the strikers if he can get them. Strikers frequently 
try to prevent persons so employed from going to work, and so 
long as they use mere persuasion for this purpose, this is law- 
ful. But they have no right to use violence, as by "picketing" 
or stationing men about the works to prevent others by force 
from going to work. Such methods frequently lead to blood- 
shed and disorder, especially when employers introduce pro- 
fessional "strike-breakers" or workmen from outside. Violent 
strike methods, whether consisting of personal attacks or de- 
struction of property, are unlawful and may be punished or 
prevented by injunction. Sometimes the militia and even 
the United States troops have been called out to suppress dis- 
order attending strikes.* The employer's weapon most nearly 
corresponding to the strike is the lockout. A lockout is simply 
the closing of the shop or the shutting down of the works in 
order to bring the workmen to terms. Like the strike, it in- 
volves the cessation of work; the difference is that in the lock- 
out the employer and not the employee takes the initiative. 
Sometimes the employer simply anticipates a threatened strike 
by a lockout. Lockouts have sometimes been described as 

* In 1894, in order to force an adjustment of a dispute between the Pull- 
man Palace Car Company of Chicago and their striking employees, the 
American Railway Union, of which Eugene C. Debs was president, called 
a sympathetic strike of the railroads. Railway traffic was at once inter- 
rupted in states throughout the West and Southwest, and the running 
of mail trains was obstructed. The federal court at Chicago enjoined the 
leaders of the Railway Union and all others from interfering with the run- 
ning of trains, and in support of the injunction and to suppress disorder 
President Cleveland sent United States troops to Chicago. 



294 GOVERNMENT AND THE PEOPLE 

"defense strikes," strikes by employees being "attack strikes." 
Corresponding to the employees' "unfair list" of employers, 
the employers may publish a "blacklist" of workmen against 
whom other employers are warned. 

239. The Public and Industrial Warfare. — Until quite 
recently the frequent cases of strife between capital and labor 
were looked upon as matters which concerned only the imme- 
diate parties and not the public at large. But within the past 
few years several conspicuous strikes or threatened strikes in 
occupations of vital interest to the country have sharply raised 
the question, whether persons engaged in the great basic in- 
dustries and in transportation and other forms of public service, 
shall be permitted to bring inconvenience, suffering, and dis- 
aster upon the country by interrupting the regular operations 
and service by industrial strife? In 1916, when conditions 
in the country were somewhat critical, the Railroad Brother- 
hoods secured the passage by Congress of the Adamson Law, 
very favorable to railway employees, by the threat of a nation- 
wide tie-up of the railroads unless their demand was complied 
with. Then followed the steel strike of 1919 and a threatened 
coal strike, and a threatened railroad strike in 1921. In the 
winter of 1919-1920 a strike of the coal-miners in Kansas was 
kept from bringing hardship and suffering upon the people 
of that state only through the exertions of volunteer coal-miners 
responding to the call of the governor for help. Such experi- 
ences have awakened the people of the country to what an in- 
dustrial war may mean to them, and there are signs that the 
rights of the public are going to be protected without reference 
to the question which side is in the wrong in the dispute. This 
means that provision must be made for the peaceable settle- 
ment of industrial disputes by public authority. The failure 
of several serious strikes or threatened strikes in the past five 
years when public opinion was against the strike, seems to 
show that strikes seriously affecting the public cannot succeed 
unless supported by public sentiment. 

The public has not been indifferent to the interests of either 



LABOR, "CAPITAI., AND INDUSTRY 295 

labor or capital. For the protection of the laboring classes 
many statutes have been passed and are being enforced. The 
courts have always been ready to enjoin the destruction of 
property by striking workmen. In the interest of both parties, 
and of the pul^lic also, stej^s have been taken to procure peace- 
ful settlements by mediation and arbitration. Where the 
parties are unable to settle their differences by trade agreements 
or otherwise, there are in many states agencies established by 
law to render assistance. The most important and promising 
of these agencies are the state boards or commissions for the 
settlement of industrial disputes. Arbitration, which is the 
submission of the dispute to an impartial board with power 
to investigate and make an award, is a common method of 
settlement, but so far the statutes do not provide for the com- 
pulsory submission of disputes to arbitrators or the enforce- 
ment of awards. The whole proceeding is voluntary. The 
statutes are largely experimental. In the Department of Labor 
there is a division of conciliation, established in 1913, which 
in the first seven years of its existence has, upon request, given 
its assistance in over 4,000 industrial disputes. 

It is probable that these devices are only stepping-stones 
toward some regular tribunal similar to the public-service com- 
missions, the Interstate Commerce Commission, or the courts, 
with full power to adjudicate industrial disputes and render 
binding judgments. In 1920 the state of Kansas, after the coal 
strike mentioned above, established a court of industrial rela- 
tions with substantially such power, and its course is being 
watched with much interest. There can be little doubt that 
other states will soon establish some such tribunal with juris- 
diction at least of disputes in all industries affected with a 
public interest. 

240. Protection of Employees. — It has been claimed that 
the intervention of the state in factory and workshop has done 
more than any other government measure, except education, 
to civilize modern industry. Many laws have been passed by 
the various state legislatures for the protection of employees 



296 GOVERNMENT AND THE PEOPLE 

with respect to their health, safety, comfort, morals, compensa- 
tion, and the conditions generally of their employment. For 
the health and convenience of employees there are laws re- 
quiring ample ventilation and proper sanitary arrangements 



)Brovm Brothers. 

GREAT RISKS ARE TAKEN BY STEEL CONSTRUCTION 

WORKERS AND SPECIAL PROVISION SHOULD 

BE MADE FOR THEIR PROTECTION. 



and toilet facilities in factories, shops, and stores. Fire-escapes 
are required also when necessary. Special provision is made 
for the protection of workmen in peculiarly hazardous callings, 
such as mining, or occupations injurious to health. The regu- 
lations for the protection of employees vary considerably in 
the different states and new laws are constantly being passed. 
Legislation of this kind has only recently been passed on any 
considerable scale and much of it is still more or less experi- 



LABOR, CAPITAL, AND INDUSTRY 297 

mental. The enforcement, of the laws is usiiall}^ intrusted to 
special officers or departments of the state government. 

241. Child Labor. — Children have always been employed 
in gainful labor, and in former times the apprenticing of chil- 
dren was the regular way of having them taught in the arts and 
trades. There is nothing wrong in requiring children to work, 
provided the work is done under proper conditions and is not 
too hard or too long continued. So long as the work does not 
interfere with their normal growth and proper education, work 
is good for children. To say nothing of the necessity among 
the j)oor that the children should do what they can toward 
supporting the family, the proper training of children in habits 
and methods of industry is invaluable to the children them- 
selves. Child labor becomes an evil only when it interferes 
Avith the healthy growth or the education of the child. 

Child labor as actually found in industry has, however, been 
a very great evil. The conditions of child labor in England 
at the beginning of the nineteenth century were almost unbe- 
lievable. Children five, and even three, years of age were put 
to work in factories and brick-yards. Older children were 
worked in the coal mines. Thousands of children from the 
almshouses were sent to the factories practically as slaves. 
It was found that children could tend machinery in many cases 
about as well as adults and at much less cost. In 1816 an in- 
vestigation showed that of 23,000 factory hands examined, 
14,000 were under eighteen years of age. Children only six 
years old were common in all the factories. A day's work for 
children was twelve and even fifteen hours. Machines never 
tire and gangs of children followed each other at the machines 
day and night. No attention was paid to their health or safety. 
In 1842 one-third of all the employees in coal mines in Eng- 
land were under eighteen years of age, and more than half of 
these were under thirteen. In 1802 a law was passed limiting 
a day's work for pauper children to twelve hours. Only twelve 
hours ! Just from six in the morning to six at night. No time 
for rest or play or schooling. In 1842 the employment of chil- 



298 GOVERNMENT AND THE PEOPLE 

dren under ten years of age in mines was forbidden. Other re- 
lief measures followed and now in England humane factory 
and employment laws are in force. 

In this country the conditions of child labor were never so 
bad as they were in England. Children were not employed 
in mines at all, nor employed in other places for such long hours 
nor at so early an age as in England. But conditions have been 
bad enough. Thirty years ago children from eight to eleven 
years of age were sometimes kept at work in factories from 
eleven to fourteen hours a day. Such children had no chance 
for proper physical, mental, or moral development. They 
were sacrificed to the greed of employers and of parents who 
received the proceeds of their labor. All this is changed. 
Child-labor laws are now in force in most if not all of the states. 
The details of the statutes vary, but cornmon provisions are 
the prohibition of the employment of children below fourteen 
years of age in factories, mines, workshops, canneries, mer- 
cantile establishments, etc., or the employment of children at 
night, or for more than ten hours a day, and the absolute pro- 
hibition of child labor in certain occupations. The age and 
time limits vary. 

In 1916 Congress passed a child-labor law in which it was 
attempted to regulate child labor by prohibiting the shipment 
in interstate commerce of the products of establishments em- 
ploying child labor in violation of the provisions of the act. 
The law was ostensibly a regulation of interstate commerce, 
but the Supreme Court held it unconstitutional as not being 
properly a regulation of commerce but of industry, the regu- 
lation of which belongs to the state. In 1919 Congress passed 
another statute attempting a similar regulation under its tax- 
ing power, a prohibitive tax of 10 per cent a year being put 
upon the products of establishments violating the law. This 
act also was held unconstitutional as being unauthorized by 
the Constitution and an interference with the reserved power 
of the states. The states have exclusive power to regulate 
child labor. 



LABOR, CAPITAL, AND INDUSTRY 299 

242. Women Workers. — Women have always been engaged 
in industry to a great extent. Among savage and half-civilized 
peoples perhaps the gi-eater part of the drudgery, whether in 
home or field, is usually done by women. Long before the 
introduction of machinery, in Europe and in this country 
women workers were found everywhere. Besides doing the 
ordinary domestic work, such as cooking, housekeeping, nurs- 
ing, sewing, etc., they operated the spinning-wheel and the 
loom and engaged in other forms of production. They worked 
in the home and not in the factory as they do now. There was 
nothing wrong in this. There is no reason why women should 
not do their full share of the world's work, as they are doing 
and have always done. Nevertheless, because of inherent and 
permanent natural differences between the sexes, the woman 
worker should not always do the same kind of work, or work 
under the same conditions, as the man. Custom and law have 
recognized the differences established by nature in dealing with 
women workers in modern commercial and industrial life. 

So long as woman's work was confined to the home, no prob- 
lem of community interest arose. A hundred years ago few 
women were employed outside the home, except as domestic 
servants or governesses in the homes of others. The modern 
industrial and commercial revolution has brought about a 
great change. Woman's work is now largely outside the home. 
With the development of the public-school system great num- 
bers of women went into teaching, and the majority of public- 
school teachers are women. Others found employment in 
stores and offices as clerks, l^ookkeepers, stenographers, etc. 
Tens of thousands are employed in shops and factories. A 
few hiive entered professional life as lawyers, physicians, archi- 
tects, and even as preachers. 

Only women who work in manufacturing, mechanical, or 
mercantile establishments are dealt with as presenting a com- 
munity problem. Along with men workers women have shared 
in the various improvements in working conditions which have 
been made in recent years. But it is recognized that their phys- 



300 GOVERNMENT AND THE PEOPLE 

ical nature and functions call for special regulations not neces- 
sary in the case of men. In most, if not all, of the states the 
number of hours women may be employed is less than that 
permitted for men; and in many states laws provide that seats 
shall be provided for women employed in manufacturing, me- 
chanical, and mercantile establishments. The minimum wage 
laws also generally have special reference to women. 

243. Hours of Labor. — Many of the states have enacted 
statutes limiting the number of hours for which workers may 
be employed in one day in certain callings or in the case of cer- 
tain classes of workers. These laws are passed under the police 
power for the protection of the health of the workers. They 
restrict in a substantial degree the liberty of contract, and 
their validity, under the due process clause of the Constitution, 
will depend upon their reasonableness. If the nature of the 
employment or the physical constitution of the worker is such 
as to make the regulation reasonably necessary as a health 
measure, the law is valid; but if there is no such necessity for 
the regulation as to justify its enactment as a health law, the 
statute is unconstitutional as depriving the parties of their 
liberty without due process of law. 

One of the first of these laws was a law of Utah limiting the 
hours of labor in underground mines and in smelters and ore- 
reducing works to eight hours per day. This law was sustained 
by the Supreme Court as a health law, longer hours in these 
callings being deemed prejudicial to the health of the workers. 
A few years later the court by a vote of five to four held that 
a law of New York limiting the employment in bakeries to 
sixty hours a week and ten hours a day was unconstitutional, 
the occupation of baking not being deemed so dangerous to 
health as to justify such regulation. This decision attracted 
much attention and was understood by some to amount to a 
denial by the court of the power of the state to regulate hours 
of labor in dangerous callings, whereas in fact the court ex- 
pressly recognized the existence of this power, but a majority 
of the judges thought that baking was not a dangerous calling. 



LABOR, CAPITAL, AND LXDUSTRY 301 

In later cases the court has taken a more Hberal view as to what 
calHngs are dangerous so as to justify regulation. The New 
York case is practically overruled in a recent case in which 
an Oregon law of 1913 providing that no person shall be em- 
ploj'ed in any mill, factory, or manufacturing establishment 
in the state more than ten hours a day, with certain exceptions, 
was held valid. It is well settled that the state may impose 
restrictions upon the hours of labor of women, and several 
statutes of this sort have been sustained by the Supreme Court. 
Similar laws are in force limiting the hours of labor of minors, 
as stated in preceding section. 

244. Wages. — No general attempt has yet been made by 
the states to fix the amount of wages that shall be paid for labor, 
nor would legislation in this line affecting workers generally 
l)e desirable, practicable, or constitutional. Quite recently, 
however, a beginning has been made in several states to secure 
the pajTiient of a minimum scale of wages to women em- 
ployees. In Massachusetts a wage commission was recently 
pi'ovided for to make investigation and recommend to em- 
ployers a minimum scale to be paid, the commission having, 
however, no power to enforce payment, except through the 
force of publicity and public opinion. In 1913 Wisconsin passed 
a law providing that no wage paid to any female or minor em- 
ployee, except as otherwise provided, "shall be less than a 
living wage," which is defined to be compensation sufficient 
to enable the employee to maintain herself or himself in reason- 
al)le comfort, decency, and physical and moral well-being. 
The enforcement of the law is in charge of an industrial com- 
mission. Several other states have passed laws similar to those 
of Massachusetts and Wisconsin. 

The constitutionality of these laws has not yet been deter- 
mined by the Supreme Court, but laws of the Wisconsin type 
requiring the payment of not less than the prescribed scale 
seem of doubtful constitutionality. The wisdom and justice 
of such legislation are equally doubtful. While every person 
is entitled to a fair return for his services, that is, should re- 



302 GOVERNMENT AND THE PEOPLE 

ceive such wages as he actually earns, no one has a right to a 
''living wage," or to any wage at all unless he earns it. Neither 
the government, nor the public, nor an employer owes any 
man a living. Wages are determined by economic laws, not 
by legislation, and the only function of the legislature in this 
connection should be to see that the conditions of industry 
are so regulated that economic laws may operate naturally. 
If wages are fixed by law at more than the employee is worth, 
he or she will not be employed, for employers cannot afford to 
pay for labor more than the laborer fairly earns. 

In a number of states the manner and times of paying wages 
in certain employments is prescribed by statute. Thus in some 
cases the payment of wages must be in money and not in store 
orders and the like, payment in orders sometimes enabling the 
employers practically to reduce wages by charging high prices 
for goods sold in the employers' stores. A somewhat similar 
law requires employers using coupons, scrip, store orders, etc., 
in paying wages to redeem them in lawful money. Another 
type of statute requires employers to pay their employees at 
short intervals, for example, semi-monthly. Such statutes 
have been held constitutional as being reasonably necessary for 
the protection of employees in the employments affected. 

245. Industrial Accidents. — The introduction of machinery 
in industry and transportation has greatly increased the danger 
of injury to workmen. Many thousand workmen are killed 
and hundreds of thousands injured every year by accidents 
occurring in industrial operations and on railroads. The finan- 
cial loss to the country through this impairment in national 
productive power is enormous, but it is upon the individual 
victims of these accidents and their families that the loss falls 
in its acute form. With normal wages little above the level 
of the cost of subsistence, the killing or disabling of the family 
wage-earner is bound to mean financial suffering or destitution 
unless some compensation be made. Few laborers are able to 
save up enough to meet such an emergency. The problem has 
two phases: the prevention of accidents and compensation for 
the injury. 



LABOR, CAPITAL, AND INDUSTRY 



303 



Many laws have been passed for the prevention of industrial 
accidents. Machinery is required to be so protected by safety 
devices as to prevent workmen from being caught in or other- 
wise injured by it, and if these were always used or kept in 
place many accidents would be avoided. A difficulty has beert 




©Eunng Galloway. 

TWO HANDS ARE NEEDED TO RUN THIS STEEL-PRESS, SO 
LESSENING THE CHANCE OF ACCIDENT TO THE OPERATOR. 



encountered in the unwillingness of the workmen themselves 
to take the trouble to use the devices. To overcome the care- 
lessness of the workmen, which is often responsible for their 
being killed or injured, "safety first" campaigns have been 
conducted by railroad companies and others to encourage care 
on the part of employees. In recent years the number of in- 
dustrial accidents has been reduced by the use of safety ap- 
pliances and a higher degree of care. 



304 GOVERNMENT AND THE PEOPLE 

246. Employer's Liability. — At common law an employer is 
not liable for an injury to an employee unless it was caused by 
the fault or negligence of the employer. The whole loss for in- 
juries not so caused falls upon the person injured. Even where 
the employer was in fault, the workman cannot recover if the 
accident was of such a nature as to be chargeable to the ordi- 
nary risks and hazards of the business, or if it was due in part 
at least to the negligence of the employee himself or to that of 
a fellow workman. Thus only where the injury was due to 
the negligence of the employer, and not always then, can an 
employee recover, at common law, for injuries received in the 
course of his employment. Most of the risk is thrown upon 
the employee. 

Even where the law holds the employer liable for the injury 
or death of an employee, a suit for damages must be brought 
unless the employer is willing to settle without suit, and law- 
suits are expensive and uncertain. Damage suits sometimes 
hang up for years between the trial and the appellate courts. 
If the employee finally wins, a great part of what he recovers 
is consumed in the payment of lawyers' fees and other expenses, 
to say nothing of the uncertainty and long delay. 

Under these conditions the economic burden of industrial 
accidents fell mainly upon the workmen and their families, 
bringing upon them great hardship and privation. This is 
neither just nor humane. Relief has recently been attempted 
by the enactment of the so-called Workmen's Compensation 
Acts, as explained in the next section. 

247. Workmen's Compensation Acts. — The Workmen's 
Compensation Acts have been drawn upon the theory that the 
loss caused by industrial accidents, whether due to negligence or 
not, should not fall upon either the employer or the employee, 
but upon the industry itself. Loss due to accident, like loss 
caused by fire, or like any expense of production, should be 
included in the general cost of production. According to this 
plan a small but certain amount is paid to the workman or his 
family, and the amount so paid is charged to the cost of pro- 



LABOR, CAPITAL, AND INDUSTRY 305 

diiction and ultimately paid by the consumer. The first effec- 
tive compensation statutes in the United States were passed 
by the legislatures of Wisconsin, New Jersey, and several other 
states in 1911. Since then this type of legislation has swept 
over the country with amazing rapidity and such compensa- 
tion acts are now almost universal in the United States, though 
the statutes of the different states vary as to the employments 
affected and in other details. 

In general the statutes provide for the payment for all 
injuries according to a prescribed scale without lawsuit, the 
amount paid being less than would be recovered in a successful 
suit, but pajanent being certain, prompt, and practically with- 
out cost. The special common-law defenses of assumption of 
risk, contributory negligence, and the fellow-servant rule are 
abolished. The administration of the law is usually in the 
hands of a board or commission, which ascertains the amount 
to be paid in each case. Under some of the statutes payments 
are made from a state insurance fund raised by a tax on em- 
ployers; under other statutes the amount awarded is paid 
directly by the employer. Employers liable under the latter 
statutes usually protect themselves by taking out liability in- 
surance from insurance companies, which agree to reimburse 
the employer for any damages he may have to pay. The 
United States Supreme Court has held the state compensation 
acts constitutional. In 1912 Congress passed a compensation 
act, known as the Employers' Liability Act, applying to com- 
mon carriers engaged in interstate commerce. The compensa- 
tion acts promise to be of great benefit to industry. 

Questions 

1. What are the three factors of production? Is a man catching fish 
in a river with a net belonging to himself a laborer or a capitalist? 

2. In what respect are the interests of the laborer and the capitalist 
the same, and in what respect are they antagonistic? 

3. What is a labor union and why are such unions formed? What is 
the most prominent labor organization in the United States? What is an 
employers' association ? 



306 GOVERNMENT AND THE PEOPLE 

4. In case of a struggle between labor and capital, what are the weapons 
of each side, respectively? What is a "sympathetic strike"? 

5. What are the usual causes of strikes? What is the "closed shop"? 
the "open shop"? 

6. What was the Adamson Law? Would a coal strike or a railroad 
strike be apt to succeed if public sentiment is against the strikers? Men- 
tion some of the means now being tried to settle industrial disputes. 

7. Is it necessarily an evil for children to be made to do some useful 
work? What was the condition of child labor in mines and factories in 
England in former times ? How is child labor prevented nowadays ? Why 
was the federal Child-Labor Law of 1916 held unconstitutional? 

8. What is the great difference between the conditions of women's 
work now and in former times that makes regulation by law necessary? 
Mention some respects in which the laws specially protect women workers. 
Ought a woman teacher to get the same pay as a man teacher of the same 
grade? 

9. Would a statute providing that no one should be hired as a farm 
laborer more than ten hours a day be constitutional? 

10. Has a workman a right to a " living wage" regardless of the amount 
of work he does ? What would you think of a law providing that the mini- 
mum pay of day-laborers should be $3 a day? 

11. Mention some measures now being employed to reduce the num- 
ber of industrial accidents. 

12. State whether or not a workman who was injured in a mine, mill, 
etc., could recover compensation for the injury from his employer in each 
of the following cases: where the injury was purely accidental, no one 
being in fault; where the injury was caused by the workman's own neg- 
ligence; where it was caused by the neghgence of a fellow workman; where 
it was due to the inherent risks of the business. 

13. What is the theory upon which modern Workmen's Compensation 
Acts are based ? When were the first of these statutes passed in this coun- 
try? What is the general plan of compensation under these statutes? 
In what respects does the workman's chance of recovering compensation 
differ from what it was at common law? 



CHAPTER XXVI 
SOCIAL PROBLEMS AND REGULATION 

248. In General. — In this chapter will be discussed certain 
social problems and public activities that affect in a most vital 
way the life, morals, and good order of the community. In 
so far as the government itself takes a hand in these matters, 
it is mainly in making and enforcing laws known generally as 
police regulations, but in dealing with these problems the com- 
munity acts not only through its government but also through 
almost innumerable individuals and voluntary associations. 

249. Maintenance of Law and Order. — As being comes 
before well-being, the first duty of the community is to pro- 
tect the individual in his life, liberty, and property, and to 
preserve the public safety, peace, and good order. In every 
civilized country there is an elaborate system of laws to accom- 
plish these ends. In the United States this duty falls mainly 
on the state and local governments; only here and there does 
the federal government have anything to do with maintaining 
order. If a murder is committed, or a contract is broken, or 
one person slanders or physically injures another, the matter 
comes under the laws of the state and not of the United States. 
In all but a few exceptional cases, it is to the state law and to 
the state courts that one looks for protection in the ordinary 
things of life. 

250. The Public Health. — Until about fifty years ago the 
government did little for public health except during epidemics 
of cholera, yellow fever, smallpox, and other virulent diseases. 
Now the public health is fully recognized as a matter of com- 
munity concern. Disease is largely a product of conmmnity 
life. It originates and spreads where there is congestion and 
interchange of population. This fact alone justifies community 

307 



308 GOVERNMENT AND THE PEOPLE 

action in controlling disease, even if the health of the people 
were not in itself a matter of great public importance. So the 
national, state, and local governments all have their health 
departments. 

The United States Public Health Service, under a surgeon- 
general, is a bureau of the Treasury Department. One of its 
main duties is the enforcement of the quarantine laws and 
regulations. Careful supervision is maintained over all vessels 
coming from abroad to prevent the introduction of disease. 
By inspections and co-operation with the state health authori- 
ties, the federal Health Service maintains domestic quarantine 
for preventing the spread of disease from one state to another. 
Another important branch of the work is the scientific study 
of diseases and methods of prevention. 

For the most part public health work is done by the state 
and local health authorities. Their activities in the line of pre- 
vention include such subjects as the prevention by quarantine 
measures of the spread of communicable diseases; compulsory 
vaccination; the investigation of sanitary conditions; medical 
inspection of school children; the disinfection of railway-cars, 
steamboats, hotels, jails, dwellings, etc.; drainage, the dis- 
posal of garbage, sewage, or other refuse matter; the enforce- 
ment of sanitary measures relating to spitting on sidewalks 
and the floors of public places or conveyances, the use of 
common drinking-cups or towels by the public, burials, ceme- 
teries, and dead bodies; the protection of the water-supply 
from pollution and of foods from adulteration; and the reg- 
ulation of factories, stores, mines, etc., with reference to the 
health of the workers. 

Much educational work is done through public lectures, 
pamphlets, bulletins, circulars, etc., by means of which the 
people are instructed in matters of sanitation, personal hygiene, 
and the prevention of disease. One of the most effective of 
recent health campaigns has been that against the fly, which 
is the principal carrier of typhoid fever. The popular slogan 
"swat the fly" has been responsible for the death of millions 



SOCIAL PROBLEMS AND REGULATION 



309 



of these little pests. The preventive measures taken by the 
public authorities have greatly improved the public health and 
lowered the death-rate. Smallpox and yellow fever, which 
were once common and deadly, have become almost unknown 



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■««„;.l ,-t^ ^L 



PATIENTS WITH SYMPTOMS OF TUBERCULOSIS BEING INSTRUCT- 
ED IN WORK WHICH WILL ENABLE THEM TO EARN A 
LIVELIHOOD WHILE UNDERGOING TREATMENT. 



diseases in this countrJ^ The amount of tuberculosis, typhoid 
fever, and malaria has been much reduced, and there is hope 
that in time they too may become rare. 

In connection with the treatment of the sick, there are laws 
requiring physicians, pharmacists, nurses, and dentists to pur- 
sue thorough courses of training and to stand examinations as 
to their qualifications before being allowed to practise. Also 
the state and local governments lend active aid by establishing 
hospitals, maintaining laboratories and dispensaries for making 
examinations or giving treatment, and to some extent in the 



310 GOVERNMENT AND THE PEOPLE 

employment of public physicians and nurses. In the campaign 
against tuberculosis the states have been active, co-operating 
in this work with voluntary associations. Besides educational 
work with reference to prevention or home treatment, many 
sanitoriums or camps have been established where patients 
may be treated free or at a reduced rate. 

251. P*ure Food and Drugs. — Nothing is more important 
to health than a wholesome supply of food. The purity of 
food is insured by the inspection by the public authorities of 
milk, meats, and other foods, and of dairies, packing-houses, 
canneries, food factories, and markets, to see that products 
are wholesome and the places of manufacture and sale clean 
and sanitary. Food-supplies unfit for use are condemned and 
destroyed, and their sale prohibited. An important factor in 
this work is the federal Food and Drugs Act of 1906, prohibit- 
ing the interstate shipment of adulterated and misbranded 
food and drugs. Few recent statutes have been more useful 
than this. By it consumers throughout the country are pro- 
tecting it from fraud and injury. This statute was passed under 
the power to regulate interstate commerce. Congress has no 
direct power to prohibit the manufacture and sale of such prod- 
ucts, but the same result is accomplished indirectly by keeping 
them out of interstate commerce, for if they cannot be shipped 
to market; they will not be produced. By constant inspec- 
tions and prosecutions, the Food and Drugs Act is made effec- 
tive. The federal inspection of meats is in charge of the Bureau 
of Animal Industry of the Department of Agriculture. 

252. Crime and Its Causes. — Crimes are wrongs which 
affect the public and for the commission of which certain 
punishments or penalties are prescribed which the state im- 
poses in prosecutions conducted in its own name. Not every 
wrongful act, however wicked it may be, is a crime and punish- 
able as such, but only such acts as are declared by law to be 
crimes. Moreover, the state has a right to declare an act to 
be a crime and provide a punishment for it, only when such 
act is injurious to society. The state has no right to punish 



SOCIAL PROBLEMS AND REGULATION 311 

an act just because it is sinful ; this is a matter between the 
sinner and his God. For example, golf-playing on Sunday 
may Ix; prohibited if it is so played as to interfere with the peace 
or comfort of the public, but not just because some people may 
think it is wrong to play golf on Sunday. To declai-e an act 
to be a crime not because it is injurious to the public, because 
it is contrary to a certain religion, is to establish that religion 
by law, which our constitutions forl:)id. 

Some offenses arc crimes at common law and others are made 
so by statute. There are no common-law crimes against the 
United States, but there are many federal statutory crimes, 
such as offenses against the revenue or postal service, violation 
of the prohibition act, etc. The more prominent common-law 
crimes are treason, murder, arson, burglary, larceny, robbery, 
briberj^, assault, counterfeiting, forgery, and kidnapping. In 
some states there are both common-law and statutory crimes, 
but in other states only those acts are criminal which are made 
so by statute. 

The causes of crime are various. Some of the causes are 
individual, being found in the person himself. Some persons 
are, so to speak, just naturally bad. This may be due to he- 
redity, for character is more or less transmitted from parent 
to child. Mental weakness may also be responsible for crime, 
the offender not really knowing better. Other causes of crime 
are social, or partly social and partly individual. Environ- 
ment largely determines character and conduct. Unfavorable 
home surroundings and conditions, and the lack of proper train- 
ing and education, are responsible for much crime. Bad com- 
pany and bad habits do their part. Economic conditions make 
their contribution. The very poor may easily be tempted to 
steal to obtain the necessaries of life. As Ben Franklin said: 
"It is hard for an empty bag to stand upright." Extravagance 
and the desire to "keep up with the procession" often lead to 
dishonesty. 

Where the causes of crime are social, it seems to be clearly 
the duty of the community to remove them, so far as possible, 



312 GOVERNMENT AND THE PEOPLE 

by providing a wholesome moral environment and proper train- 
ing. When the enormous cost of crime to this country is taken 
into account, very large expenditures for the betterment of 
social conditions would seem to be justified. 

253. The Punishment and Treatment of Criminals. — That 
a person who commits an offense should in some way suffer 
for it is a rule of justice which has been recognized from the 
beginning of history. But different theories have been held 
as to why he should be punished. At first the principle of 
punishment was retaliation. If one man beat or wounded an- 
other, the injured party was allowed to return the compliment. 
This was the so-called law of retaliation {lex talionis), a life 
for a life, an eye for an eye, a tooth for a tooth. The theory 
was that the offense was against the person injured and not 
against the public. This was a very natural theory before the 
conception of community rights as distinct from individual 
rights developed. A survival of the law of retaliation is found 
in the feuds of some mountainous districts. The basis of this 
law is vengeance. 

Modern theories of punishment base the right of the state 
to punish offenders mainly upon its duty to protect society. 
A criminal is punished to prevent or deter him from committing 
other crimes and also to deter others. If the criminal is put 
to death or kept in prison, society is at least protected against 
him, and the fear of punishment will to a great extent keep 
others from committing crimes. How far the fear of punish- 
ment will act as a deterrent will depend very much upon the 
certainty and swiftness of the punishment. 

One reason why crime prevails to such an alarming extent 
in this country is that so many crimes go unpunished. Crim- 
inals are not arrested, or, if tried, escape punishment through 
technicalities or delay, and even if convicted are often given 
undeserved pardons or permitted to escape from prison. The 
remedy for all this is swift and sure punishment. This remedy 
works well in England and other countries. But the punish- 
ment should be made to fit the crime. If it is made too severe, 



SOCIAL PR0BI.1;MS and KECil'LATION 313 

it will not be inflicted. Witnesses will not report and juries 
will not convict where the piuiishnient is out of proportion to 
the crime. One of the most interesting problems in this con- 
nection is the question of capital punishment. Opinion is still 
divided as to whether the state should for any crime whatever 
put a human being to death. In some states capital punish- 
ment has been abolished, only, in some cases, to be restored 
again. The prevailing view is that capital punishment is 
proper for the most serious offenses. 

In the treatment of prisoners, as distinguished from punish- 
ment, modern penology lays great stress on the reform of the 
prisoner. This is justified, if for no other reason, as a means 
of protecting society. Certainly it is better for the community 
to reform a prisoner before turning him out again into the world 
than to release him to continue a life of crime. Unfortunately, 
the effect of imprisonment has often been to make the prisoner 
worse than he was before, and even to make of a first offender 
a hardened and habitual criminal. This is certainly poor policy. 
From motives of self-interest, at least, the effort of society 
should be to reform a prisoner whenever possible. 

254. Prisons and Penal Institutions. — The convicted crimi- 
nal has no right to a comfortable home and support at public 
expense, but it is neither just, humane, nor wise to treat him 
with brutality. Horrible, indeed, was the condition of prison- 
ers, whether convicted or merely awaiting trial, until the re- 
forms which began with the labors of John Howard in the 
latter part of the eighteenth century. Modern prisons are 
very differenth^ conducted from those in Howard's time, but 
there is still difference of opinion among the authorities as to 
the best types of prisons and the best mode of treating prisoners. 

All the states have penitentiaries or state prisons for the more 
serious offenders, and counties and towns have jails for persons 
awaiting trial or convicted of minor offenses. The state prisons 
are carefully and scientifically administered, but this is not 
always true of the local jails. Some states and cities maintain 
prison farms on which prisoners are worked. Thus they are 



314 



GOVERNMENT AND THE PEOPLE 



kept under healthful and comfortable conditions and made 
to contribute to their own support. Prisoners are also em- 
ploj'^ed on roads or other public works. Work of various kinds 
is done within the prisons and often a prisoner is taught a 
trade by which he may support himself after his release. Pris- 




A CLASS FOR BACKWARD OR UNEDUCATED INMATES IN ONE 
OF OUR STATE PRISONS. 



oners have sometimes been let out to private manufacturers 
on a contract basis, but this plan is capable of abuse, being- 
much like making slaves of the prisoners. 

A marked recent advance in the treatment of prisoners is 
the change made in the treatment of different types of crim- 
inals. Formerly no distinction was made between first offenders 
and habitual criminals, or between minors and adults. This 
is now changed. Care is taken to reform the first offender, 
even if the hardened criminal is hopeless. Juvenile delinquents 
and incorrigible children are commonly sent to reformatories 
instead of to the ordinary jails, and are taught the common- 
school branches while they are being disciplined in good morals 
and self-control. Thus wayward boys and girls are often turned 
from a life of crime and developed into good citizens. 



SOCIAL PROBLEiMS AND REC.ULATIOX 315 

The higher life of prisoners is not neglected. Provision is 
made for their instruction in religious and secular branches 
and for their entertainment. Sports and games are introduced 
in some prisons. In all such welfare work the prisoners them- 
selves co-operate and sometimes become leaders. The honor 
system in dealing with prisoners is used to a considerable ex- 
tent. Prisoners are released, or the execution of sentence is 
suspended, upon their pledge or parole to behave themselves. 
In some states indeterminate sentences are imposed, the length 
of the imprisonment being made to depend upon the prisoner's 
behavior. 

255. The Problem of Poverty. — Povertj^ has many causes. 
A man may be poor because he is lazy, or shiftless, or extrava- 
gant, or has expensive bad habits, or is generally of no account. 
Such a person does not constitute a community problem. If 
he has no one to take care of him, he will probably do 
just enough work to make himself fairly comfortable. If he 
has a parent, or wife, or child, or other relative who can and 
will take care of or help him, the public is still not concerned. 
For this class of persons the public need do nothing; a man 
who will not work or take care of himself when able to do so, 
has no claim upon the public. But povert.y also comes from 
other causes, such as sickness, accidental injury, natural in- 
firmity or incapacity, the death of a bread-winner leaving help- 
less dependents, fire, flood, or other disaster, insufficient wages, 
or from unemployment. In such cases the victim of poverty 
is not always himself to blame, and often to a great extent his 
poverty is a product of social conditions. Poverty of this sort 
is a social or community problem. 

The care of the very poor presents a difficult problem. The 
weakness of human nature is such that efforts to relieve the 
poor sometimes end in increasing poverty by making paupers 
or beggars of those who ought to support themselves. Helping 
people who do not need help often does more harm than good 
by destroying their independence, besides being a waste of 
money which might otherwise be spent usefully. It is some- 



316 GOVERNMENT AND THE PEOPLE 

times found that the more help people get the more they need. 

Public relief of the poor may take the form of providing food, 
fuel, shelter, clothing, medical attendance, or money in times 
of special or temporary need, or in providing permanent homes 
for paupers. Until a comparatively recent period the very 
poor were almost universally left to starve unless supported by 
their relatives or friends or by begging. Begging in the streets 
is or has been common in the cities of the Old World. Street- 
begging is generally prohibited in this country, though the laws 
against it are not strictly enforced. Indiscriminate giving to 
beggars and tramps should not be encouraged. Employment 
is sometimes offered by the public authorities to needy persons 
who are able and willing to work. Thus persons temporarily 
out of work may be taken care of until they can get permanent 
employment. Employment offered is generally declined by 
that singular fraternity of loafers or "hoboes" known as tramps. 
Thousands of these able-bodied men drift about the country, 
moving from one section to another with the seasons or ac- 
cording to varying economic conditions, with apparently no 
other aim in life than to roam and to avoid work, living as they 
can upon the country through which they pass. As they live 
quite simply, they probably do not constitute a very great 
burden upon the country. For the most part they are simply 
worthless rather than criminal. There is no reason for helping 
them. 

For the permanent relief of the very poor homes are provided 
at public expense. From early times in America practically 
every town or county has had its almshouse or poor farm where 
paupers and other dependents are kept. Formerly the manage- 
ment of these institutions was often very bad, and the prospect 
of ending one's days in the poorhouse was gloomy, indeed. 
Conditions are better now, though in many cases abuses may 
still be found. Only a comparatively small number of poor 
persons are entirely taken care of by the public; in most cases 
the help is extended to them in their homes or elsewhere than 
in public institutions. It is stated that of the more than 5,000,- 



SOCIAL PROBLEMS AND REGULATION 317 

000 persons receiving public aid in 1910, only about 85,000 
were in institutions. For the sick poor public hospitals are 
provided, and dispensaries are maintained in the cities where 
free treatment may be had. Physicians and nurses are also 
furnished who visit patients in their homes without cost to 
them. The social causes of poverty are also attacked, as in 
the case of correcting the tenement evil by providing suitable 
houses for the poor, and also by the laws regulating child labor. 
Much of the charity work in this country is done by the 
churches, and by voluntary charity organizations, which co- 
operate in and supplement the work of the public authorities. 

256. Care of the Helpless and Dependent. — Closely con- 
nected with the problem of poverty, and usually a part of it, 
is the care of the helpless and defective classes. The degree of 
care which a nation takes of these classes may be taken as a 
fair index of the standard of its civilization. Among barbarous 
peoples such persons are either neglected or put out of the way. 
Some of the ancient nations made a practice of exposing to 
die or putting to death their afflicted children or old persons 
who had outlived their usefulness. Only recently has the re- 
sponsibility of the state or community for the care of the help- 
less and dependent been fully recognized. In the care of 
unfortunates gi-eat advance has been made in the past hun- 
dred years. Formerly dependents and criminals were treated 
together and in much the same way. The sick, the aged, 
paupers, dependent children, and the insane or otherwise af- 
flicted, were huddled or confined together in miserable prisons 
or other establishments along with convicted criminals, without 
distinction or discrimination. The main object seems to have 
been to get them all out of the way. 

Now all this is changed or is changing. The change has been 
brought about mainly through the influence of private philan- 
thropists and humanitarians and religious bodies, by whom 
charitable work in this line was begun and is still largely carried 
on. In recent times the state to an increasing extent has been 
taking up the work. Through individuals, charitable organiza- 



318 GOVERNMENT AND THE PEOPLE 

tions, and public agencies established by the state or munic- 
ipahties, a vast amount of work is being done for the poor, 
the sick, the dependent children, and the defectives. Children 
who are without parents or other persons to care for them are 
usually cared for and educated in orphanages or homes main- 
tained by religious denominations, fraternal organizations, or 
other bodies, or in private homes secured for them by charity 
organizations. The aged are sometimes cared for in private 
institutions maintained by religious bodies, or in public alms- 
houses. 

State asylums are maintained for the blind and the deaf 
and dumb. The blind are taught to read books with raised 
letters and to write upon special slates or tablets, or even with 
a typewriter. Many of them have been made practically in- 
dependent by being taught some trade or handicraft. The 
deaf and dumb were once thought to be also idiots, since they 
had no way of getting into intellectual contact with others. 
Now they are taught the usual branches and to talk and to 
understand what others are saying by reading their lips. Epi- 
leptics are also cared for in some states in public institutions. 

257. Care of the Insane and Feeble-Minded. — Until about 
the middle of the eighteenth century very little attention was 
paid in Europe and in this country to the care of the insane. 
In a few cities in England there were "bedlams," or asylums 
for the insane, but as a rule no provision whatever was made 
for them, but they were left to be cared for by friends or rela- 
tives or to wander at large, objects of charity or ridicule as the 
case might be. Many appear to have been executed as crim- 
inals or witches. But about 1750 in England more attention 
began to be paid to the insane, and the number of madhouses, 
as they were called, increased. In these the insane were con- 
fined, not from motives of humanity or to be treated for their 
affliction, but for the protection of the public. These asylums 
were maintained by private persons, and so far from being ' 
hospitals, were usually prisons of the worst sort. The inmates 
were confined in cells, chained to the walls, whipped, starved, 



SOCIAL PROBLEMS AND REGULATION 319 

and sometimes killed. No attempt was made to cure them. 
These abuses continued until well into the nineteenth century. 
The first real asylum for the insane in England, conducted 
on humane principles, was established about the close of the 
eighteenth century, and gradually the reform extended. The 
improvement in the condition of the insane under reformed 
treatment gave rise to a belief that a milder type of insanity 
had taken the place of the former more violent form. The 
real explanation of the apparent change in the type of insanity 
was the change in the mode of treatment, 

'The first hospital for the insane in this country was the 
Pennsylvania Hospital, established in 1751. The first state 
hospital for the exclusive care of the insane was established 
by Virginia at Williamsburg in 1768. Now in all the states 
provision is made by the state for the humane and intelligent 
care of the insane. Hopeless cases are made as comfortable 
as possible, and many of the more favorable cases are discharged 
from time to time as cured. The importance of such provision 
becomes the clearer in view of the fact that, under the condi- 
tions of modern life, insanity is increasing in this country, and, 
unlike the sick, the insane cannot well be treated in private 
homes. The rich and poor stand alike in need of public care 
when insane. 

The insane person, properly speaking, has normal or even a 
high degree of intelligence; his mental faculties are simply 
deranged or out of gear. There is another large class of men- 
tal defectives of a different sort, who require different treat- 
ment. These are the feeble-minded, or persons born with a 
low order of intellect or whose mental development has been 
in some way arrested. The feeble-minded include the idiot, 
who is almost totally lacking in intelligence, the imbecile, or 
"half-wit," and those whose brains never develop beyond that 
of a normal child of twelve or fourteen years. To one of the 
last type has in late years been given the name of moron. 

For an incurable idiot training is impossible. All that can 
be done for him is to take care of him. Half-witted persons 



320 GOVERNMENT AND THE PEOPLE 

may often be made very useful in domestic service and in the 
simpler forms of manual labor. Morons may be taught to read 
and be developed into fairly good workers. They can perform 
routine tasks, but can do nothing requiring judgment. As a 
class they constitute a serious social and economic problem. 
They are not dangerous and do not need to be confined, but 
they are very numerous, and the presence of a large number of 
feeble-minded persons is necessarily a drawback to any com- 
munity. Many of them are voters, and when they marry they 
often have large families, the children being usually like their 
parents. From this class the criminals and vicious classes of 
society are largely drawn. With the mind of a child and the 
physical development and appetites of an adult, the moron 
is almost incapable of moral development. Such a person is 
bound to be a menace to society, unless carefully dealt with. 
Considerable attention is now being paid to this general sub- 
ject, and special schools for the feeble-minded have been estab- 
lished in some states. 

258. The Liquor Question. — One of the biggest problems 
with which society has to deal is the liquor problem. From 
the beginning of recorded history men and women have drunk 
intoxicating liquor, but it has been only within comparatively 
recent years that the tremendous economic and moral cost 
the drink habit involves has received much consideration. 

Early in the nineteenth century temperance societies began 
to be formed, the temperance movement being at first directed 
to the encouragement of voluntary abstinence by individuals, 
no attempt being made to suppress the liquor traffic or to force 
people to give up drinking. But the movement soon turned 
into political channels and for over seventy years the energies 
of the temperance leaders have been devoted largely, if not 
mainly, to the enforcement of temperance by law. 

At first the temperance movement was founded mainly on 
moral or religious considerations. The sinfulness of drunken- 
ness was made prominent and churches often excluded or dis- 
ciplined their members for over-indulgence in drink. The re- 



SOCIAL PROBLEMS AND REGULATION 321 

cent movement against the liquor evil is based rather on 
physical and economic considerations, though, of course, the 
moral element is still prominent. Statistics published by in- 
surance companies and the experience of the medical profession 
have convinced the great majority of thinking people that in- 
dulgence in intoxicating liquor tends to shorten life and reduce 
one's capacity to resist disease, and railroad companies and 
other business concerns have come to the conclusion that drink- 
ing by their employees unfits them for the best service, so that 
a drinking man is at a disadvantage in securing employment. 
These and other facts have convinced the country that the 
saloon does not pay. What moral and religious considerations 
were unable to accomplish by themselves has been brought 
about with the aid of the practical common sense of the people, 
and an age-long evil has been outlawed. 

259. Forms of Regulation of the Liquor Traffic. — Liquor 
regulation has taken four general forms or phases: (1) The 
license system. Under this system no one is allowed to sell 
liquor without first procuring a license to do so from the proper 
authorities, who are supposed to be careful not to grant licenses 
to unfit persons. A charge is made for a license so that it serves 
the double purpose of regulation and taxation. By fixing the 
charge at a high figure the number of saloons is reduced and 
the control of the business made easier. The license system 
once prevailed universally in this country. (2) Local option. 
Under this system the state law leaves it to the local com- 
munity, such as a city or county, to decide for itself whether 
liquor shall be sold within its territory, this being an applica- 
tion of the principle of local self-government. This system 
was widely adopted and was reasonably successful, but was 
superseded in many states by state-wide prohibition. (3) State- 
wide prohibition. (4) National prohibition. 

260. State Prohibition. — The influence of the prohibition 
movement has varied from time to time, proceeding, as it were, 
in waves. The first complete attempt at state- wide prohibition 
was the Maine law of 1851. The other New England states 



322 GOVERNMENT AND THE PEOPLE 

and several other states followed with prohibition laws, but a 
reaction set in almost immediately and most of these law^s were 
repealed. About the year 1885 the movement started again 
and several states adopted prohibition. Again the movement 
subsided, but about 1907 prohibition agitation once more be- 
came effective. State after state passed prohibition laws or 
adopted prohibition amendments to their constitutions. The 
movement proceeded with great rapidity, and by 1918 state- 
wide prohibition had been adopted in half the states, and 
others were about to follow. At that rate the country would 
soon have become legally "dry" by the action of the separate 
states. Prohibition laws were held constitutional by the state 
courts and by the Supreme Court of the United States. 

State prohibition laws can operate only within the states, 
and prior to the adoption of the Eighteenth Amendment the 
states could not, without the consent of Congress, prevent the 
shipment into the state of intoxicating liquors from other states. 
Liquor so brought into the state could be used by the person 
who brought it in or sold by him in the original package or con- 
tainer, notwithstanding the state prohibition law. 

To meet this situation, Congress, in 1890, by the Wilson Law, 
and in 1913, by the Webb-Kenyon Law, made interstate ship- 
ments of liquor fully subject to state laws, and in 1917, by the 
Reed Law, prohibited the shipment of liquor into prohibition 
states. Liquor and liquor advertisements were also excluded 
from the mails. Thus it became possible, with the help of these 
acts of Congress, for any state to make itself legally "bone 
dry," if it wished to do so. Nevertheless, the agitation for the 
adoption of an amendment to the federal Constitution pro- 
hibiting the manufacture and sale of intoxicating liquors was 
pressed to a successful issue in the adoption of the Eighteenth 
Amendment in 1919. 

261. National Prohibition. — The Eighteenth Amendment 
to the federal Constitution reads as follows: 

"Section 1. After one year from the ratification of this 
article the manufacture, sale, or transportation of intoxicating 



SOCIAL PROBLEMS AND REGULATION 323 

liquors within, the importation into, or the exportation there- 
of from th(^ United States and all territory subject to the jiu-is- 
diction thereof for beverage purposes is hereby prohibited. 

"Section 2. The Congress and the several states shall have 
concurrent power to enforce this article by appropriate legis- 
lation. 

"Section 3. This article shall be inoperative unless it shall 
have been ratified as an amendment to the Constitution by 
the legislatures of the several states, as provided in the Con- 
stitution, within seven years from the date of the submission 
hereof to the states by the Congress." 

The Eighteenth Amendment became operative one year 
after ratification, that is, on January 29, 1920. Meanwhile, 
while it was pending before the state legislatures, Congress, 
as a war measure, passed a national prohibition act approved 
on November 21, 1918, or ten days after the signing of the 
armistice which ended hostilities in the World War. This act 
was held constitutional by the Supreme Court. Under the 
authority of the Eighteenth Amendment Congress passed an 
elaborate prohibition law known as the Volstead Act. The 
state prohibition laws also remained in force. The enforcement 
of these prohibition acts constitutes one of the most difficult 
and important problems of the country. The Volstead Act 
and the various state acts are very strict and comprehensive, 
carrying the prohibition beyond what many think necessary 
in the interest of temperance. It is probable that in time 
public sentiment and improvements in the laws and methods of 
enforcement \vill bring good results. The subject is one which 
calls for the exercise of the highest degree of wisdom and care 
that the best possible measures and means be adopted to put 
an end to an evil so destructive of individual and community 
welfare.* 

* Somewhat akin to the liquor problem is the problem of morphine and 
other narcotic drugs, the use of which is far more destructive of character 
than the use of intoxicants. Strict laws have been passed regulating or 
restricting the use of narcotics, the most important of which is the act of 



324 GOVERNMENT AND THE PEOPLE 



Questions 

1. What is the first duty of the community toward the individual? 
Why is it sometimes necessary for the community to help one person as 
a means of protecting another? 

2. Why is health more a matter of public concern in a city than in the 
country? What does the federal government do for the public health? 
Who looks after the health of your community? Mention some of the 
things being done. Could tuberculosis be eliminated? Have the pupils 
in your school been examined, or vaccinated? 

3. Mention some of the things being done to secure the wholesomeness 
of the food-supply. What has Congress done? 

4. What is a crime? Ought a man to be punished for swearing 
privately in his own room ? 

5. Mention some of the principal reasons why people commit crimes. 
Has society any duty with reference to the removal of the causes of crime ? 

6. Why should the state punish a criminal? If the punishment for 
spitting on a sidewalk were thirty days in jail, would you report a case 
you had seen? Is there any advantage in sending a criminal to prison if 
he comes out of prison worse than he was before? Are the jails in your 
community well conducted? 

7. Name some of the causes of poverty. Is it the business of the com- 
munity to take care of an able-bodied person who will not work? Men- 
tion some of the ways in which public help is being given to the poor. 

8. What is being done in your state for the insane? the blind? epilep- 
tics? the feeble-minded? 

9. Give in brief outline a history of the movement for the regulation 
of the liquor traffic in the United States. In wht^t respect does the Eigh- 
teenth Amendment differ from the other provisions of the Constitution? 

Congress of 1914, known as the Harrison Drug Act, which, in the form of 
a tax law, regulates in detail the manufacture, sale, and dispensing of nar- 
cotics. The manufacture of opium for smoking is also suppressed by a 
prohibitive tax of $300 a pound. 



CHAPTER XXVII 
MUNICIPAL FUNCTIONS AND ACTIVITIES 

262. The Problems of the City. — In the city are found the 
greatest need and the best chance for community co-opera- 
tion. The crowding together of thousands of persons in a small 
area raises problems which do not exist in the country, but at 
the same time in the city arc found the leaders and resources 
for solving these problems. In the country individual families 
are still quite independent. They can to a great extent pro- 
vide themselves with shelter, food, fuel, water, and other neces- 
saries without outside help, but how different in the city ! Here 
thousands of people are crowded together, many families often 
living under the same roof. Few own the houses in which they 
live, and there is a constant moving from one place to another. 
In the congested districts individual dwellings for single families 
are unknown. Scores of families are huddled together in a 
single tenement-house, and, farther out, apartment-houses af- 
ford shelter for all classes of society. 

The city-dweller is a specialist; he has his own narrow line 
of work. For practically everything he needs he must depend 
upon some one else. Shelter, food, clothing, fuel, water, light, 
and transportation must be provided by others. He is exposed 
on all sides to the dangers of fire, disease, and crime, from which 
he is helpless to protect himself. Surrounded by thousands of 
fellow human beings, he may live a stranger, without the joys 
and privileges of human society and friendships. If he lives 
in a tenement or apartment house, he probably does not know 
his neighbors on the next floor, and possibly cannot speak their 
language, for one of the most striking facts about a modern 

325 



326 GOVERNMENT AND THE PEOPLE 

large American city is the large proportion of newly arrived 
foreign population. It would be hard to overstate the help- 
lessness of the city-dweller as an individual. Only through 
organization, co-operation, and community action is life in a 
city possible. . 

But it is not merely the question of living. The city gives 
rise to serious economic and social problems. In the country 
a man may usually work for himself if he wishes to' do so. The 
vast majority of city-dwellers work for others, and it is in the 
city that the great problems of labor and industry usually arise. 
There is also great inequality in the distribution of wealth; 
vast fortunes are matched by desperate poverty. Also, the 
conditions of the city breed vice and crime, which must be 
controlled at whatever expenditure for courts, police, and penal 
institutions. These are some of the problems of the great city. 
They do not exist in the towns or smaller cities, or at least only 
in much less degree. These combine many of the advantages 
of both rural and city life, without the disadvantages of either. 

263. The Opportunities of the City. — ^But the opportunities 
and advantages of the city are no less striking than its problems. 
It is in the city that community life exists in its full measure. 
As has been well pointed out, the city has always been the 
centre of civilization. With it came education, culture, and a 
love of the fine arts, which can arise and flourish only where, 
as in the city, are found leisure and accumulated wealth. With 
the city also came science, invention, and industry, which are 
made possible by wealth and the division of labor. Division 
of labor requires co-operation, which means simply that each 
shall do his part harmoniously with the rest; in other words, 
that all shall work together. This is what has made civilization 
possible. Co-operation is neither so necessary nor so practicable 
in the country as in the city, though even in the country there 
is much room for it. But in the city it is vital. "The city can 
only live by co-operation; by co-operation in a million unseen 
ways. Without co-operation for a single day a great city 
would stand still. Without co-operation for a week it would 




©Ewing Galloway. 



THE CUNARD BUILDING. ONE OF THE LARGE OFFICE- 
BUILDINGS IN NEW YORK CITY. 



328 GOVERNMENT AND THE PEOPLE 

be brought to the verge of starvation and be decimated by- 
disease." * 

And in the city co-operation is found. Co-operation de- 
pends upon organization, and organization is impossible with- 
out leadership. In every city there are men and women quali- 
fied in heart and brain to lead movements for the public good, 
and to organize and put to use the almost unlimited resources 
of the people. The splendid co-operative work of the more 
progressive American cities is one of the most reassuring signs 
of our times. In some cases this co-operative work is done by 
the municipal government as the official agency of the com- 
munity, while in other cases it is done by voluntary associa- 
tions of individuals acting either alone or in conjunction with 
the city government. 

In most cities there is a chamber of commerce, board of 
trade, or similar organization, composed of public-spirited 
citizens interested in the advancement of the city, especially 
in commercial and industrial lines. These associations adver- 
tise the city, answer inquiries as to its advantages as a place 
of residence or business, and seek to attract new enterprises 
or residents. Some of them issue attractively illustrated and 
well-written booklets descriptive of the city, which they send 
to any person interested. In this work the municipal authori- 
ties sometimes co-operate. 

264. Municipal Functions and Activities in General. — Some 
of the functions of a municipality are of a governmental char- 
acter, while others are primarily of a business nature. The 
maintenance of law and order is the most important of the 
governmental functions, and can be performed only by the 
governmental authorities. The municipal authorities enforce 
not only the ordinances passed by the city government, but, 
as a rule, also the laws of the state, which, of course, operate 
in the city as well as in the country. The first duty of the city 
government is to protect the life, health, and property of the 

* See Howe, " The Modern City and Its Problems," pp. 1-4. I have found 
this book very helpful in the preparation of this chapter. 



MUNICIPAL FUNCTIONS AND ACTRITIES 



329 



people. Another essential function is the construction and 
maintenance of streets. Public education has in modern times 
como to be regarded also as essential. More recently various 
kinds of welfare work, such as provision for housing the people 




©Suing Galloway. 

FIFTH AVKNL E, NEW YORK CITY. 
Even the best traffic regulation has not completely remedied traffic congestion. 

or for their comfort, pleasure, or recreation, have been taken 
up by the cities. 

The present tendency is toward an increase in the number 
of municipal activities, especiallj^ in the lines of welfare work 
and making the city more beautiful and attractive. In these 
lines many individuals and private organizations are co-operat- 
ing with the municipal authorities. The business functions of 
the city are in connection with the maintenance and operation 
of the various public utilities, which, however, are usually in 
the hands of private corporations. The organization of the 
municipal government for the discharge of its various functions 
has already been described.* 

* See ante, Chajiter XIV. 



330 



GOVERNMENT AND THE PEOPLE 



265. City Planning. — If a house in which a few people are 
to live is carefully planned before the foundations are begun, 
why should not a city, which is to be the honae of thousands of 
persons, be also planned from the beginning? Perhaps the 
main reason is that, as a rule, cities grow up gradually and it 




A PART OP THE WATER-FRONT AT DES MOINES, IOWA, 
BEFORE IMPROVEMENT. 



is never known at the beginning whether there is to be a city 
or not. But even a village may be so planned that the plan 
adopted will serve equally well should the village ever grow 
into a city. City planning is a modern art and began and has 
been most highly developed in Europe, especially in Germany. 
The German cities are planned as carefully as a private build- 
ing, with ample provision for future growth. In the United 
States city planning was almost an unknown art until within 
the past few years, but now a great deal of attention is being 
paid to the subject, and city planning is becoming the subject 
of a new profession of municipal engineering. 



MUNICIPAL FUNCTIONS AND ACTIVITIES 



331 



Most American cities are laid out according to the familiar 
checker-board or gridiron plan adopted by William Penn iu 
laying out the city of Philadelphia. The streets run in straight 
hues cfossing each othei' at i-ight angles and forming rectangular 
blocks, and with no thoioughfares radiating from a centre. 




SAME WATER-FRONT AFTER IMPROVEMENT. 



This plan is simple and economical of land, but is monotonous, 
opens up no attractive vistas, and affords no municipal centres 
or commanding sites for important buildings. Also, it requires 
a zigzag course for traffic moving diagonally across the city. 
In the case of Washington, which was planned by Major L'En- 
fant, a French engineer, l)efore the citj^ was begun, this plan 
is modified by a system of prominent avenues radiating from 
the Capitol, along with numerous parks and open spaces. 
Washington is one of the best-planned cities in the world. Ordi- 
narily the additions to cities have been laid out by land specu- 
lators by whom the developments were made. Private profit 
rather than the public good has been the controlling considera- 



332 GOVERNMENT AND THE PEOPLE 

tion. As a rule, too, lot-owners are permitted to put up any 
sort of building to suit their own purposes, without reference 
to its effect on the appearance of the city. Cities have almost 
always failed to retain possession of their water-fronts and to 
make provision for adequate transportation facilities. Also 
public buildings are often poorly located. 

All this is changing. The present attitude toward city plan- 
ning is said to date from the World's Fair at Chicago in 1893. 
The magnificent spectacle of that carefully planned "White 
City" raised in the minds of the American people the question, 
why could not their permanent cities be planned with equal 
care and be as beautiful as this play city of a single season? 
Since then many cities have entered upon elaborate plans of 
reconstruction. New streets have been opened, old streets 
have been improved and beautified, and parks and civic centres 
have been established. The civic centre, an open space about 
which the municipal buildings, the public library, and other 
important buildings are grouped, is one of the most striking 
features of this development. The civic centres of Cleveland 
and Denver are fine examples. 

266. Streets and Bridges. — The laying out of streets is the 
most important single feature of city planning. The problem 
is to obtain the maximum of service at the minimum of cost 
for construction and maintenance. If the street is not run 
in the right place, it will not render the best service; if it is too 
narrow, traffic will be congested; if it is too wide, it will take 
too much valuable land and will cost too much for original 
construction and for cleaning and maintenance. The street 
not only serves for traffic on its surface, but beneath the sur- 
face are laid the water and gas mains, the sewers, and the elec- 
tric wires. In the towns and smaller cities electric wires are 
usually strung on poles set in the streets. Where there are 
street-cars, rails must be laid in the streets. 

There is also the matter of paving. This calls for the selec- 
tion of the best material, whether macadam, blocks of wood 
or granite, brick, asphalt, concrete, etc. The kind of paving 



MUNICIPAL FJNCTIONS AND ACTIVITIES 333 

to he used depends upon the nature of the service. What would 
l)e best in a resid(>ntial district where the traffic is light would 
not do at all for a business street. Original cost, durability, 
and tlie ease with which it is kept clean are other points to 
be considered in selecting paving material. Clearly those in 
charge of the streets have no small jol) on their hands. It is 
easy to make costly mistakes. And this job is not ended with 
the construction of the streets. They must l)e constantly re- 
paired, for traffic is very destructive, and most of the available 
leaving materials soon wear out or need to be relaid. Then 
there is the lighting of the streets, and constant cleaning, in- 
cluding, in winter, the removal of snow and ice. 

Where the city is built on hilly ground or there are rivers or 
streams to be dealt with, the burden l)ecomes still heavier. 
Deep cuts must be made in hills and fills thrown across ravines, 
and even tunnels may sometimes be necessary. The construc- 
tion of a viaduct across a deep ravine or valley may make pos- 
sible the addition to the city of extensive areas of attractive 
building sites. Rivers and smaller streams running through 
or by the side of the city must be bridged, and when the stream 
is navigable, the bridge must not be so low as to interfere with 
navigation or must be provided with a draw which can be 
opened to allow vessels to pass through. At Pittsburg there 
are about twenty bridges across the Allegheny River, and in 
Chicago more than fifty drawbridges cross the Chicago River. 
Many cities have built magnificent and costly bridges. 

267. Police Protection. — The maintenance of law and order 
in towns and cities is in direct charge of the police department, 
at the head of which is a board or commissioner or chief. The 
members of the police force wear uniforms, and in the cities 
are organized in military fashion with the ranks of captain, 
lieutenant, sergeant, and patrolman. The function of the police 
force is primarily to preserve order, but they also perform cer- 
tain other special duties, for example, directing traffic at the 
intersection of streets, or assisting women and children or 
strangers. In some cities policewomen are employed to some 



334 



GOVERNMENT AND THE PEOPLE 



extent. In selecting members of the police force care is taken 
to appoint only those who are physically and morally fit for 
the service. In some of the larger cities policemen are ap- 
pointed under civil service regulations. 

268. Fire Protection. — About two hundred millions of dol- 
lars worth of property is destroyed in this country every year 




THE FIRE TUG IS OF GREAT VALUE IN FIGHTING FIRES ON 
THE WATER-FRONT. 



by fii'e. Some of the buildings so destroyed are old and per- 
haps are better out of the way, but most of this destruction 
means a net loss to the country. The individual property- 
owner's loss may be covered by insurance, but the country 
is nevertheless poorer to the extent of the actual loss, and the 
insurance money is collected in premiums from the great body 
of policyholders. Insurance is merely a co-operative method 



MUNICIPAL FUNCTIONS AND ACTIVITIES 335 

of distributing; individual loss. The amount paid in premiums 
consideral)ly exceeds the amount paid for losses. Besides this, 
much of the property destroyed is not insured at all, or only 
partially insured. To the cost of insurance must be added 
also the cost of fire departments and other means of preven- 
tion. 

Much of this huge fire bill is unnecessary, for many fires are 
caused by pure carelessness. A lighted cigarette or match 
thoughtlessly thi-own in a waste-basket or on the floor may 
cause the loss of thousands of dollars worth of property. The 
careless use of kerosene in starting kitchen-fires, leaving the 
current on in electric irons, and defective flues, are other com- 
mon causes of fires. Accumulations of trash in cellars and 
garrets, in which fires inny easily start, may cause the loss of 
one's home. In cities the use of wood and improper methods 
of construction lead to the rapid spread of fires from house to 
house. 

Protection against fire in cities assumes two forms: fire ex- 
tinguishing and fire prevention. The former belongs to the 
fire department, which is in charge of a fire commissioner or 
chief. In the smaller places the fire department is composed 
of volunteers, but the larger towns and the cities have paid 
fire departments. The fire-fighters of the American cities are 
regarded as the best in the world. They render an efficient, 
and often heroic, service in saving property and lives. In some 
of the larger cities firemen, like policemen, are appointed under 
civil service regulations. Cities are usually divided into, fire 
districts, each with its own engine house and fire equipment. 
In case of a large fire all the apparatus in the city may be em- 
ployed, and help may even be summoned from other cities. 
Some years ago one of the striking sights of a city was a fire 
engine drawn by magnificent horses hurrying to a fire. Auto- 
mobile fire engines and hose and ladder carts are now commonly 
used. Chemical engines are largely used for extinguishing 
small fires without water. Frequently, water causes more 
damage than the fire. For use in case of fire, water-plugs are 



336 GOVERNMENT AND THE PEOPLE 

distributed over the city and a system of electric fire alarms is 
installed. 

Fire prevention consists mainly in the establishment of "fire 
limits," within which wooden buildings may not be erected, 
and the enforcement of building regulations designed to reduce 
the danger of fires. Asbestos curtains in theatres shutting off 
the stage from the rest of the building are familiar to theatre- 
goers. Factories and business houses are sometimes provided 
with automatic sprinklers, and hand fire extinguishers are 
common in buildings of all kinds. Dreadful tragedies involv- 
ing loss of life in fires have led to various preventive regula- 
tions. Theatres and hotels must have convenient exits and 
fire escapes, marked with a red light or otherwise. Fire escapes 
are also prescribed for large tenements and factories. The 
doors of auditoriums and public schools must open outward. 
Fire drills of school children are conducted in many schools 
to train them in getting out of the building in case of fire. 

269. Cleaning and Sanitation. — Every city has its street- 
cleaning force and equipment. This is important not only 
for the sake of appearances and comfort, but of health as well. 
Multitudes of disease germs may lurk in the dust and filth of 
streets to be borne by the wind to the lungs of people or carried 
by flies to their food. The streets are sprinkled to keep down 
the dust, and are swept by men or mechanical sweepers, or 
washed by flushing them with water from the fire-plugs. So 
far as practicable the streets are cleaned at night so as not to 
interfere with persons using them. The city also collects gar- 
bage, ashes, and rubbish of all kinds from houses. Much usable 
material is saved from city rubbish, and the collecting of rub- 
bish is sometimes turned over to contractors who make a profit 
by selling the materials they reclaim. Ashes may be used for 
filling in low places. Some use has been made of garbage as 
food for hogs or as a fertilizer. In the smaller places there is 
little salvage from waste materials. The main thing every- 
where is to get such matter out of the way. Some cities have 
incinerators, in which all combustible wastes are burned. 



MUNICIPAL FUNCTIONS AND ACTIVITIES 337 

Sewage is liquid waste from toilets, kitchen sinks, etc. . This 
is carried off in underground drains or sewers. Into these is 
also discharged the water from rains and melting snows, which 
is collected by gutters and catch-basins distributed throughout 
the city. This waste water helps to keep the streets and sewers 
clean. Usually sewage is discharged directly into streams, har- 
bors, or the sea, as may be convenient; but where conditions 
make such a course desirable, sewage is purified by filtration, 
oxidation, or by chemical treatment before being discharged. 
It is said that sewage discharged into rivers is purified by nat- 
ural processes after it runs a few miles, and hence the water 
may be safely used for drinking purposes by people living in 
cities farther down the stream.* 

270. Public Health. — In the city the health question is 
especially urgent, for many conditions there are peculiarly 
favorable for the development and spread of disease. Crowded 
tenements and factories may easily become active breeders of 
tuberculosis, typhoid fever, and other forms of sickness. In 
no department of municipal administration has there been 
greater advance than in the care of the public health. In this 
work the city health departments co-operate with the national 
and state authorities. Through the effective work they have 
done and the improvement of living conditions in the cities, 
the death rate of American cities has been steadily lowered, 
and most cities are healthful places in which to live. Con- 
trary to the common belief on the subject, the physical ex- 
aminations of the men called into the military service during 

* Some years ago Chicago constructed a great drainage canal forty-two 
miles long, primarily to carry its sewage to the IlUnois River and through 
it to the Mississippi. This work cost about $45,000,000, and the canal 
may ultimately be converted into a ship canal. The city of St. Louis 
claimed that the sewage so discharged into the Mississippi poisoned the 
drinking water of St. Louis, and the state of Missouri brought suit in the 
Supreme Court of the United States against the state of Illinois and the 
Chicago Sanitary District to enjoin the discharge of the sewage of Chicago 
into the Mississippi. The court dismissed the suit on the ground that it 
was not shown that such discharge injuriously affected the water at St. 
Louis. 



338 



GOVERNMENT AND THE PEOPLE 



the World War revealed the fact that the physical condition 
of the young men from the cities was equal or superior to that 
of those from the countrj^ 

The municipal health problem involves other problems, such 
as housing, sanitation, food and water supply, and recreation. 




Courtesy of the Department of Health, New York. 



HEALTH INSPECTION AND FREE TREATMENT GIVEN BY 
THE CITY. 



Living conditions must be made healthful, the water must be 
pure and the food wholesome. These particular subjects are 
discussed in other sections. Health inspection is especially 
important. Premises are inspected to see that they are kept 
in sanitary condition. Cases of contagious or infectious dis- 
eases are required to be reported to the health authorities, and 
the patients are quarantined and the premises fumigated or 
otherwise disinfected when necessary. When a case of scarlet 



MUNICIPAL FUNCTIONS AND ACTIVITIES 339 

fever or diphtheria is found, the house is at once quarantined 
and a notice posted at the door warning persons to stay away. 
Smallpox patients are isolated in a pest-house or hospital. 
When an epidemic breaks out, schools, churches, theatres, and 
other places of public resort may be closed until the danger of 
further spread is over. Dispensaries are maintained where 
any one can have a physical examination without charge and 
minor cases are treated. Visiting nurses are provided to look 
up cases of disease, especially tuberculosis. Besides the various 
private hospitals, there arc usually hospitals conducted by the 
city. 

A very important preventive measure is the medical inspec- 
tion of school children, the object of which is to guard against 
their acquiring or spreading contagious diseases, and to look 
after their eyesight, teeth, ears, nasal passages, and general 
health. When ailments are found steps are taken to correct 
or cure them. In some cases it has been found that poor chil- 
dren lacked sufficient food, and some cities are supplying 
lunches in such cases. By these means the health and physical 
development of the rising generation are being assured. 

271. Food and Supplies. — A city's, supply of food and fuel 
comes from without, and as a rule only a few days' or weeks' 
supply is kept on hand at any time. For these necessaries the 
city is absolutely dependent upon keeping the channels of trans- 
portation open. During the severe winter of 1917-1918 there 
was danger of serious suffering from shortage of coal and food 
in some of the great cities by reason of the interruption of trans- 
portation by snow and ice. Ordinarily, however, there is an 
ample supply brought from all parts of the country, and the 
chief concern of the city authorities is to see that food shall be 
pure and that the purchaser shall have honest measure. By 
various regulations and careful inspection, the federal, state, 
and local authorities protect the consumer from impm-e and 
unwholesome meat and canned foods. Special attention is 
paid by the municipal authorities to the milk supply. Stand- 
ards are prescribed to which the milk must conform, and only 



340 GOVERNMENT AND THE PEOPLE 

milk from healthy cows and clean dairies may be sold. Since 
milk is the main food of babies, the infant-mortality rate of a 
city is determined largely by the local milk standards. Honesty 
in the sale of food is secured by inspection of dealers' scales 
and measures. If these are found short they are destroyed. 

Price regulation is not attempted, this being left to the opera- 
tion of the law of supply and demand, though monopolies may 
be broken up and conspiracies to hold up prices punished. In 
order to cut out the middleman and thus reduce the price of 
produce to the consumer, some cities maintain markets, in 
which farmers and other producers may rent stalls and sell 
their products directly to the consumer. The public market 
is an old institution, and such markets were once quite com- 
mon in this country, but in recent years they have not been 
much in favor. Quite lately, however, the rise in the cost of 
living has revived interest in them and they may again become 
common. 

272. The Housing Problem. — If the art of home-making 
is not the finest of the arts, it is certainlj^ one of the most im- 
portant and useful. The home is the heart of society. There 
the child learns his first lessons in community life. The au- 
thority of his father and mother sets forth to his young mind 
the authority of the state, and in his relations with his brothers 
and sisters he learns some of the principles which are to govern 
his future relations with society at large. The character of 
the nation is both shown and determined by the character of 
its homes. It takes good people to make good homes, and it 
is from the homes "where truth and honor dwell" that good 
citizens must come. Bad homes mean bad citizens. Every 
community is vitally interested in making its homes the best 
possible. But to make a home there must first be a house to 
live in. This brings up the housing problem. 

In the country and town there is usually no housing prob- 
lem. Each family may have its separate dwelling, with yard 
and perhaps a garden. In the small city also good homes are 
usually within the reach of all. There are no crowded tene- 



I^IUNICIPAL FUNCTIONS AND ACTIVITIES 



341 



mcnts, no congestion, and no slums. But when a city reaches 
a population of a quarter of a million or more, there arises the 
housing problem. Individual homes largely give place to the 




A VIEW OF THE TENEMENT DISTRICT IN A LARGE CITY. 



tenement, housing several, perhaps many, families. There is 
no yard, and of course no garden. In the larger cities these 
conditions are intensified. The tenements and apartment- 
houses become larger, and every available foot of space is built 
upon, and in the poorer quarters light and air are almost shut 



342 GOVERNMENT AND THE PEOPLE 

out from the sleeping-rooms. The alley and the street consti- 
tute the only playground for the children. In the worst cases 
hundreds of persons are lodged under a single roof, and some- 
times a family occupies a single room.* In this the family eat 
and sleep, do their washing and ironing, rear their children, 
care for their sick, and die. Into thousands of city rooms the 
sun never enters. In the poorer tenements disease germs and 
filth abound; there is next to no plumbing, and the bathtub 
is practically unknown. Decency is almost impossible. Such 
tenements are the breeding-places of disease, vice, and dis- 
content.f From them go forth physical, moral, and political 
contamination. It is a mockery to call such places homes. 

Under such conditions ''millions have become cliff-dwellers, 
ready to move on a moment's notice; quite frequently ac- 
customed to eviction for the non-payment of rent." Such con- 
ditions clearly present a communit}^ problem. The wretched 
tenants are helpless to improve their own condition. In self- 
protection, to say nothing of considerations of humanity, each 
community should see to it that it is possible for every family 
to secure at a reasonable price a place in which they can live 
in decency and reasonable comfort. | 

The conditions just described naturally existed on the largest 

* A story is told of two families occupying one room, with a chalk-line 
in the middle of the floor to mark off their respective shares. When asked 
how they got on, one of the occupants replied that they did very well until 
the other family took in a boarder. This jest does not greatly exaggerate 
the conditions once prevailing in some of the tenements of New York. 

t Some years ago there was in New York a block of tenements aptly 
known as "The Lung Block," from its character as a breeding-place of 
consumption. Nearly 4,000 human beings were crowded into these 
wretched tenements, including some 400 babies. In nine years 265 cases 
of tuberculosis were reported from this block, and this was probably not 
over half the true number. One of the worst of these dark tenements was 
significantly known as "The Ink Pot." 

J Within the past several years housing conditions have become almost 
critical in some of the large cities, notably New York and Washington, 
owing to conditions growing out of the war. Drastic laws have been found 
necessary to protect tenants from landlords, who, however, are not always 
themselves to blame for the staggering rents they charge. 



MUNICIPAL FUNCTIONS AND ACTIVITIES 343 

scale in New York City, but fortunately they have now been 
abolished there. About twenty years ago investigations of 
the tenement situation in that city led to radical reforms. 
Private philanthropy supplied a few model tenements, but 
these were scarcely more than a drop in the bucket. Effective 
relief was secured by the enactment of tenement laws regulat- 
ing in detail the kind of tenements that would be allowed. 
These laws insure to the tenants fairly comfortable and sani- 
tary lodgings. This legislation has been largely copied in other 
states. 

But the housing problem is not merely a question of build- 
ing construction. The improvement of buildings does not 
materially reduce congestion or bring down rents. The hous- 
ing problem is also a problem of land and transportation. In 
every city there are many vacant lots upon which houses could 
be built and the congestion reheved, but which are held for 
speculation. It is proposed to force and to encourage build- 
ing upon these lots by putting a heavy tax on unimproved 
land and the total exemption of houses from taxation. Vacant 
lots bring in no income, and heavy taxes will soon consume all 
the profits to be expected from a rise in the price of the land. 
The owner of a vacant lot so taxed will either build a house 
on it, which he can rent, or sell the lot to some one else who 
will build on it. The fact that the improvements will not 
increase the taxes makes it easier to build them. This simple 
and just plan of taxation would soon put an end to the holding 
of vacant lots in the heart of a city when there is need of more 
buildings. Another solution of the housing problem is found 
in the improvement in rapid-transit facilities which makes it 
possible for one to live farther away from his place of v/ork or 
lousiness. 

Closely connected with the housing problem is that of pro- 
viding facilities for bathing and laundering which the poorer 
homes may not afford. For the benefit of persons lacking such 
conveniences in their homes, public bath-houses are provided 
in some cities in which the use of bathing facilities may be had 



344 



GOVERNMENT AND THE PEOPLE 



free or for a nominal fee, and to some extent there are public 
laundries equipped with machinery in which women may do 
their family washing. 

273. Public Schools. — It is stated that from one-fourth to 
one-third of a city's entire annual revenue is spent on its public 




©Ewing Galloway. 

DURING THE SUMMER MONTHS SHOWERS ARE ATTACHED 

TO FIRE-HYDRANTS FOR THE RELIEF OF CHILDREN IN 

THE POORER DISTRICTS OF THE CITY. 



schools. The schools are usually placed in charge of a separate 
board or committee which has charge of the construction and 
maintenance of school buildings, the selection of teachers and 
text-books, etc. The municipal schools are usually linked up 
with the state educational system, but are mainly financed 
and controlled by the local authorities. It is in the city schools 
that modern public education is carried to its highest point. 

A great deal of attention is being paid to the construction 
of school buildings with a view to their becoming centres of 
community life, and they are being adapted to various uses 
not directly connected with instruction. Auditoriums are pro- 



MUNICIPAL FUNCTIONS AND ACTIVITIES 345 

vided in which pubHc meetings, lectures, and entertainments 
may be held, and which, by removing the seats, may be used 
also for receptions, dancing, school fairs, and the like. Some 
of them have regular stages and even pipe organs. Motion- 
picture machines in the public schools are becoming common. 
In some of the schools dramatic clubs are organized and plays 
are presented. Art exhibitions are held and concerts are given. 

Many schools are equipped with gymnasiums, with baths, 
and occasionally swimming pools. In the larger cities there 
are roof gardens, and playgrounds and inside pla^TOoms are 
common everywhere. Lunch rooms are also provided for the 
pupils. An important feature is the establishment of libraries 
in the school buildings. This is the easiest way to connect 
the home with the public library. In a number of cities polling- 
places are set up in the public schools and political meetings 
arc held in the auditoriums. Thus the pupil receives practical 
instruction in civics by watching democracy in action. 

274. Public Utilities. — Among the most important func- 
tions of a municipal corporation is the providing or regulation 
of the so-called public utilities. Of these there are five: (1) 
Water systems; (2) gas plants; (3) electric plants; (4) trans- 
portation systems; and (5) telephone systems. All of these 
are found only in the larger places, but even the smaller towns 
are provided with water systems and some kind of lighting 
system, and telephones. Sometimes the public utilit,y is owned 
and operated by the municipality, l)ut in other cases it is owned 
and operated by a private corporation, acting under a permit 
or franchise granted by the municipal authorities. No one 
has a right without such permission to establish a public-utility 
system in a town or city. The construction and operation of 
such a system involves the use of the public streets, and the 
exercise of powers not naturally belonging to private indi- 
viduals. The supplying of these utilities is therefore a public 
function. The municipality may furnish them itself or may 
permit private corporations to do so, but in either case the 
duty and service is pa}:)lic. 

A public utility is Iwund to l^e a monopoly. It would be out 



346 GOVERNMENT AND THE PEOPLE 

of the question to permit two or more rival corporations to use 
the streets for street-ear tracks or for telephone or lighting 
lines. Besides this, the construction of a public-utility plant 
involves the investment of a large amount of money, and very 
rarely would two systems pay in the same town. Only by the 
grant of a monopoly could a corporation ordinarily be induced 
to undertake the service. Whether the municipality shall it- 
self supply the people with the particular service or turn this 
function over to a private corporation, is a question of policy 
to be determined in each case by circumstances. The com- 
parative advantages of public and private ownership vary 
greatly according to the particular city and the particular ser- 
vice. In some cases better and more economical service can 
be obtained by municipal ownership, but as a rule the best 
results are gotten through private ownership and operation 
under regulations prescribed by the municipality or state. 

A franchise constitutes a contract between the municipality 
and the corporation, and in it may be included terms protect- 
ing the interests of the public, such as the rates and conditions 
of the service. Public utilities are also regulated by law. In 
recent times the tendency has been toward regulation by the 
state rather than local regulation, and in most of the states 
there a^re public-service commissions charged with the super- 
vision of all public utilities. The fact that it is common for the 
same corporation to serve a number of towns, as in the case of 
electric and telephone systems, makes state regulation the 
more appropriate. 

275. Water Supply.— The most indispensable public utility 
is the water supply, and all towns and cities have some kind 
of water system.* For drinking, bathing, cooking, and other 

* "It is related that once a group of Zunis visited the Eastern states, 
and saw all the wonders of our civilization. When, after having seen everv- 
thing remarkable that could be shown them, they were asked which was 
the strangest, they said that the most wonderful thing that the white man 
had accomplished was his ability to open a faucet anywhere and have flow 
from it a stream of water. Not infrequently the Zunis from their dwellings 
must climb down hundreds of feet into a canyon, and there place a jar un- 
der an opening from which slowly trickles the water, sometimes drop 
by drop." Van Hise, "Conservation of Natural Resources," 117. 



MUNICIPAL FUNCTIONS AND ACTIVITIES 



34: 



domestic purposes, and for watering lawns, the American people 
use a great deal of water. The municipality also uses much 
water for sprinkling and cleaning streets and for putting out 




THE LOS ANGELES AQUEDUCT. 



fires. Although only a small part of the total water supply is 
used for drinking, all must be pure, for it is not practicable to 
have a separate supply for drinking purposes. Usually water 
systems are owned by the municipality. The cost of a system 
is high, but it is easily and cheaply operated, both of which 



348 GOVERNMENT AND THE PEOPLE 

facts are reasons in favor of municipal ownership. But the 
most important reason is the vital connection between the 
water supply and the public health and safety. If the water 
is not pure, epidemics of typhoid fever and other diseases may 
result, and a shortage or interruption of the water supply may 
expose the city to disastrous fires. In these vital matters the 
people of the city should not be dependent upon private cor- 
porations. 

No pains have been spared by American cities to provide 
for their inhabitants an abundant supply of pure water. Where 
a city is situated on a river or lake the supply will usually be 
drawn from it. Richmond, Virginia, gets its water from the 
James River, and St. Louis from the Mississippi. Chicago 
draws from Lake Michigan and Cleveland from Lake Erie. 
New York is supplied from the Croton Lake and from the Cats- 
kill Mountains, the aqueduct from the latter being ninety-two 
miles long. The total cost of the New York system up to 1918 
($330,175,089) was almost as much as that of the Panama 
Canal, exclusive of the amounts paid for canal rights ($367,- 
000,000). Los Angeles has constructed a 240-mile aqueduct 
and water system at a cost of nearly $25,000,000, the water 
being used also for irrigating the desert through which the 
aqueduct passes and for power. 

Where the water is contaminated it must be purified, and 
for this purpose filtration plants are constructed. The water 
is made to pass through great beds of sand which strain out 
the impurities. Chemical purification is also used to some 
extent. Philadelphia* and Pittsburg filter their water. Where 
the water supply is muddy, as at Richmond, settling basins 
are used to give the sediment a chance to settle to the bottom. 

* In 1912 a break occurred in one of the Philadelphia mains, and while 
it was being repaired unfiltered water was turned into the system in the 
district affected. The result was a typhoid epidemic with 376 cases and 
twenty-five deaths. Great pains were taken to prevent a repetition of 
this disaster. The next year when a similar break occurred, the unfiltered 
water was chemically treated and notices were at once given in every pos- 
sible way to the people of the district warning them to boil the water, ar^d 
there were no cases of typhoid. 



MUNICIPAL FUNCTIONS AND ACTIVITIES 349 

The water is distributed through mains in the streets, from 
which it is carried by small laterals into the houses. The charge 
may be determined either by a flat rate for each house, or hy- 
drant, faucet, etc., or by the quantity used as shown l)y metres 
installed in each house or other place of use. 

276. Gas and Electric Systems. — Until a little over two 
hundred years ago the lighting of city streets was' unknown. 
If one ventured into the streets at all at night he took his own 
lantern, and, if prudent, a weapon as well. Macaulay thus 
describes the difficulty and danger of walking about the streets 
of London after nightfall 250 years ago: "The garret windows 
were opened, and pails were emptied, with little regard to those 
who were passing below. Falls, bruises, and broken bones 
were of constant occurrence. For, till the last year of the 
reign of Charles II (1685), most of the streets were left in pro- 
found darkness. Thieves and robbers plied their trade with 
impunity, yet they were hardly so terrible to peaceable citi- 
zens as another class of ruffians. It was a favorite amusement 
of dissolute young gentlemen to swagger by night about the 
town, breaking windows, upsetting sedans, beating quiet men, 
and offering rude caresses to pretty women." But in 1685 
" began a great change in the police of London, a change which 
has perhaps added as much to the happiness of the body of the 
people as revolutions of much greater fame. An ingenious pro- 
jector, named Edward Iteming, obtained letters patent con- 
vej'ing to him, for a term of years, the exclusive right of light- 
ing up London. He undertook, for a moderate consideration, 
to place a light before every tenth door, on moonless nights, 
from Michaelmas (September 29) to Lady Day (March 25), 
and from six to twelve of the clock." 

Thus began municipal lighting. Real illumination became 
possible with the introduction of gas, London being first lighted 
with gas in 1814. We perhaps look upon the lighting of streets, 
parks, and public buildings primarily as a matter of con- 
venience, and a great convenience it undoubtedly is, but it is 
probably still most important as a preventive of crime. A 



350 



GOVERNMENT AND THE PEOPLE 



well-lighted city needs fewer policemen than one whose streets 
are dark. 

Electricity is now almost the exclusive agency for street- 
lighting, gas being used mainly as a fuel. Gas and electricity 
for light, heat, and power are usually supplied by private cor- 




THE GREAT WATER POWER PLANT AT NIAGARA FALLS. 
Niagara Falls generates electricity for an area of 25,000 square miles. 



porations. Very few cities own their gas plants, but about 
one-fourth of the electric plants are publicly owned. Fre- 
quently the electric service is supplied by a water power plant 
distant from the city, which supplies a number of different 
municipalities. 

277. Transportation. — In the smaller towns there are no 
street railways, but in all the larger places the transportation 
systems play a vital part in municipal life. The development 
of modern cities along their present lines would have been im- 
possible without some form of rapid transit. The first street 
railway was built in 1831 in New York. Boston followed in 



MUNICIPAL FUNCTIONS AND ACTIVITIES 351 

1856, and Philadelphia in 1857. London did not permit street 
railways until 1870. The first street cars were drawn by horses. 
Cable lines were constructed to some extent, the cars being 
operated by cables running under the surface, a gripping device 
sliding in a slot connecting the car with the cable. Electric 
railways were first used on a practical scale in 1888 in Rich- 
mond, Virginia. Now electricity is used on all street railways, 
except a few short ca))le lines. In several of the larger cities 
elevated railways are used. Underground railways, or sub- 
ways, were first begun in 1860 in London. Boston and New 
York have extensive subway systems. In New York subways, 
surface lines, and elevated lines are all found, but, notwith- 
standing the great development of the transportation system, 
comfortable provision for the enormous traffic of the city has 
not yet been made. In all of the large cities the supplying of 
adequate local transportation facilities constitutes one of the 
most difficult municipal problems. 

With very few exceptions street railway systems are privately 
owned. Franchises are granted to private corporations, with 
the right to build tracks and operate cars in the city streets. 
Much abuse and corruption has existed in connection with the 
granting of these franchises, often with a very inadequate re- 
turn to the city. The quality of the service rendered and the 
rates of fare have been frequent causes of public complaint. 
These evils have been largely corrected by regulation and by 
the more careful drawing of franchises so that the rights of 
the citizens will be better secured. 

The invention of the automobile has introduced a new fac- 
tor in the question of municipal transportation. In the smaller 
towns the almost universal ownership of cars by private resi- 
dents has probably to some extent discouraged the construc- 
tion or extension of street car lines. Jitney and taxi cars have 
supplemented the regular transportation systems. Such cars 
are, of course, subject to public regulation. 

278. Telephone Systems. — Telephone systems are prob- 
ably all privately owned. In some cities two competitive sys- 



352 GOVERNMENT AND THE PEOPLE 

tems have been permitted, but this has been found unsatis- 
factory and the single system is the rule. Proper service and 
fair rates are secured by regulation. The telephone service is 
peculiar in that it is not wholly local, the long-distance service 
connecting the local system with the outside world. The tele- 
phone system is often interurban, the same corporation sup- 
plying several municipalities, as in the case of electric service. 

279. Parks and Recreation. — Public parks, squares, and 
open spaces for the use and enjoyment of the people are uni- 
versally found in American cities, though some cities have 
developed their park systems to a far greater extent than others. 
Such places have been aptly described as the lungs of the city. 
In some of the larger cities hundreds of acres are set apart as 
public parks, there being one or more main parks and smaller 
parks distributed throughout the city. The largest single city 
park is Fairmount Park in Philadelphia, which has an area of 
3,526 acres. Central Park in New York contains 843 acres. 
The park system of Chicago contains 3,815 acres, and that of 
Denver, 3,719 acres. 

The total number of city parks in the United States prob- 
ably exceeds 4,000. Washington, D. C, has over 400 parks. 
The larger parks sometimes contain splendid collections of 
wild animals, also greenhouses and conservatories, and perhaps 
art galleries and museums. Lakes and forests are intermingled 
with open stretches of lawn and flower beds. Some cities — ^for 
example, Boston, Cleveland, and Newark — have forestry de- 
partments having charge of the planting and care of shade- 
trees in the streets and parks. Altogether these parks afford 
almost unlimited sources of entertainment, instruction, and 
enjoyment. 

Modern cities are making more and more provision for 
recreation and play. Play of children, which was once little 
more than tolerated or taken as a matter of course, is now 
recognized as necessary to their proper development and worthy 
of careful direction and encouragement. Even for adults the 
recreational value of play is being increasingly appreciated. 



354 GOVERNMENT AND THE PEOPLE 

Some slight provision has long been made in school yards and 
in the parks for children's play, but it is only within the past 
quarter-centm-y that making real provision for public recrea- 
tion has come to be regarded as a municipal function or duty. 
Now tennis courts and even golf links are found in the larger 
parks, and special playgrounds for children have been estab- 
lished by the hundreds. Practically all of the cities of 30,000 
population or over now maintain playgrounds under paid super- 
vision, and there is a national organization for promoting this 
movement. 

These playgrounds are provided with sand piles, wading 
pools, swings, tennis courts, and ball fields, which in winter 
may be converted into skating rinks, and various other means 
of recreation and amusement. What such things mean to chil- 
dren who might otherwise have only the streets to play in may 
well be imagined. The influence of playgrounds in preventing 
juvenile dehnquency is very marked.* "The making of a 
people's park or playground," wrote Jacob Riis, "has invariably 
been followed by a decrease of ruffianism and gang violence. 
The boy would rather be good than bad; he would rather play 
than fight the police." Besides playgrounds for children, cities 
provide entertainment in the parks for persons of all ages, such 
as band concerts, moving picture shows, fireworks, community 
Christmas trees, etc. Municipal beaches for bathing have 
been opened in some cities which have water fronts. 



* "Many, possibly most, of the offenses of children in large cities spring 
from a wholesome and natural desire for plaj^, a desire which cannot be 
satisfied in the city streets. Arrested for some trivial offense and brought 
in touch with the police court, children take pride in their notoriety or 
the experience, or are hardened by contact with it. Twenty-five per cent 
of the children brought before the juvenile court in New York were charged 
with disorderly conduct, which consisted frequently in playing ball, or 
'cat,' or some other sport in the streets which is forbidden by law. The 
transition from these trivial offenses to the graver ones is easy, and with- 
out doubt a large part of the juvenile offenders are led on to crime by the 
indiscriminate arrests and contact with vice through the police courts. 
Even the gang is a product of misdirected play instinct." — Howe, "The 
Modern City and Its Problems," 307. 



MUNICIPAL FUNCTIONS AND ACTIVITIES 355 

280. Making the City Attractive to Live in. — The first duty 
of the people of a city is, of course, to provide for their neces- 
sities. Otherwise life is impossible. Shelter, food, health, and 
safety come before what may be called the higher things of life. 
Then follow schools, libraries, art galleries, music, and play. 
The cultivation of the artistic and beautiful belongs to the ma- 
turity of cities, and is becoming increasingly evident in American 
life. City improvement societies under one name and another 
are at work everywhere to make the city a more beautiful and 
attractive place to live in. Better architecture for public build- 
ings and private homes; beautiful bridges in place of unsightly 
ones; green grass or flowers in place of the dump heap; the 
abolishment of the smoke nuisance, unnecessary noises, and 
billboards; these and other things for the uplifting of city life 
are now being worked for in cities all over this country. How 
and what may be accomplished in this line by community co- 
operation is shown by the experience of Merion, Pennsylvania, 
as told by Mr. Edward Bok, formerly editor of The Ladies' 
Home Journal. He writes:* 

Merion, where he lived, was one of the most beautiful of the many 
suburbs that surround the Quaker City; but, like hundreds of similar 
communities, there had been developed in it no civic interest. Some 
of the most successful business men of Philadelphia lived in Merion; 
they had beautiful estates, which they maintained without regard 
to expense, but also without regard to the community as a whole. 
They were busy men; Xhey came home tired after a day in the city; 
thej^ considered themselves good citizens if they kept their own places 
sightly, but the idea of devoting their evenings to the problems of 
their communit.v had never occurred to them before the evening when 
two of Bok's neighbors called to ask his help in forming a civic asso- 
ciation. A canvass of the sentiment of the neighborhood revealed 
the unanimous opinion that the experiment, if attempted, would be 
a failure — an attitude not by any means confined to the residents of 
Merion ! Bok decided to test it out ; he called together twenty of his 
neighbors, put the suggestion before them and asked for two thousand 
dollars as a start, so that a paid secretary might be engaged, since the 
men themselves were too busy to attend to the details of the work. 

*"The Americanization of Edward Bok," 330-364. 



356 GOVERNMENT AND THE PEOPLE 

The amount was immediately subscribed, and in 1913 The Merion 
Civic Association appHed for a charter and began its existence. 

The leading men in the community were elected as a Board of Di- 
rectors, and a salaried secretary was engaged to carry out the direc- 
tions of the Board. The association adopted the motto: "To be nation 
right, and state right, we must first be community right." Three ob- 
jectives were selected with which to attract communitj^ interest and 
membership: Safety to life, in the form of proper police protection; 
safet}^ to property, in the form of adequate hydrant and fire-engine 
service; and safety to health, in careful supervision of the water and 
milk used in the community. "The three S's," as they were called, 
brought an immediate response. They were practical in their appeal, 
and members began to come in. The police force was increased from 
one officer at night and none in the day, to three at night and two dur- 
ing the day, and to this the Association added two special night of- 
ficers of its own. Private detectives were intermittenth^ brought in 
to "check up," and see that the service was vigilant. A fire hydrant 
was placed within seven hundred feet of ever^^ house, with the insur- 
ance rates reduced from twelve and one-half to thirty per cent; the 
services of three fire-engine companies was arranged for. Fire-gongs 
were introduced into the community to guard against clanger from 
interruption of telephone service. The water-supply was chemically 
analyzed each month and the milk-supply carefuUj^ scrutinized. One 
hundred and fifty new electric light posts speciallj^ designed, and pro- 
nounced by experts as the most beautiful and practical road lamps 
ever introduced into anj^ community, were erected, making Merion 
the best-lighted community in its vicinity. 

At every corner was erected an artisticallj^ designed cast-iron road 
sign; instead of the unsightly Avooden ones, cast-iron automobile 
warnings were placed at every dangerous spot; community bulletin- 
l:)oards, jDreventing the display of notices on trees and poles, were placed 
at the railroad station; litter-cans were distributed over the entire 
community; a new railroad station and post-office were secured; the 
station grounds were laid out as a garden by a landscape architect; new 
roads of permanent construction, from curb to curb, were laid down; 
uniform tree-planting along the roads was introduced; bird houses were 
made and sold, so as to attract bird life to the community; toll gates 
were abolished along the two main arteries of travel; the removal of 
all telegraph and telephone poles was begun; an efficient Boy Scout 
troop was organized, and an American Legion post; the automobile 
speed limit was reduced from twenty-four to fifteen miles as a pro- 
tection to children; roads were regularlj^ swept, cleaned, and oiled, 
and uniform sidewalks advocated and secured. . . . Perhaps no other 



MUNICIPAL FUNCTIONS AND ACTIVITIES 357 

suburban civic effort proves the efficiency of community co-operation 
so well as does the seven years' work of The Merion Civic Association. 
It is a practical demonstration of what a community can do for itself 
by concerted action. It preached from the verj^ start, the gospel of 
iniited service; it translated into actual practice the doctrine of being 
one's brother's keeper, and it taught the invaluable habit of collective 
action. The Association has no legal powers; it rules solely by per- 
suasion; it accomplishes by the power of combination; by a spirit 
of the community for the community. 

Questions 

1. Mention some of the community problems that exist in a city that 
either do not exist or exist only to a slight extent in the country. 

2. How was your city laid out ? Has it a civic centre ? a pubHclibrary ? 
a public park ? 

3. How many policemen are there in your city? What do they do? 

4. How is the fire department in your city supported? Is your school 
building so constructed that the pupils could get out safely in case of fire? 

5. How is your city kejit clean? 

G. Is there a housing problem in your city? Are there "slums"? 

7. Which of the features mentioned in the text in the section on public 
schools are found in your school? 

8. Which of the municipal public utilities are found in your city? Are 
they owned and operated by the city or by private corporations? 

9. What is being done by the public in your city to make the place 
attractive to Uve in? Is there a Board of Trade or Chamber of Commerce? 
a Civic League? a Rotary Club? 



PART IV 
SPECIAL TOPICS 

CHAPTER XXVHI 
THE PEOPLE OF THE UNITED STATES 

281. The Old Immigration. — The people of the United 
States, with the exception of about 335,000 Indians, are all of 
either foreign birth or foreign ancestry. In 1920 there were 
about 14,000,000 persons of foreign birth in the United States, 
or nearly one-eighth of the total population. All the rest were 
descended from foreign ancestors. These ancestors came from 
various European countries so that the native Americans are 
of mixed stock. But there is a very great difference between 
the earlier and the later immigration that has peopled this 
country. For nearly three hundred years immigration was 
almost entirely from the British Islands, mainly from England 
and Scotland. In the second half of the nineteenth century 
many Germans, Irish, and Scandinavians came to this country. 
Not taking into account the negroes, who were involuntary 
immigrants, all the immigration up to near the close of the 
nineteenth century, with very few exceptions, were of about 
the same racial stock, namely, the Anglo-Saxon, and the peo- 
ple of the United States were almost solidly Anglo-Saxon. Ex- 
cept for the negroes, there was no race problem. All the whites 
freely intermarried and blended into a strong homogeneous 
American race. 

. In the main, the people of this "old immigration" settled 
on the land and built up an agricultural civilization, moving 
gradually westward as the lands near the Atlantic coast were 
taken up. They did not congregate in great cities. It was 
they that cleared the wilderness and opened up to civilization 

358 



Till'] PEOPLE OF THE UNITED STATES 359 

the vast resourcos of this country, driving; before them the 
savages and the wild animals, and braving discomfort, hard- 
ship, and danger in making this country the finest place in the 
world to live in. These were the people also who resisted 
tyranny and demanded and won for themselves and their pos- 
terity the blessings of liberty, and set up in the wx^rld the first 
democratic republic. It is their civilization and their political 
achievements that have excited the envy and the admiration 
of the civilized world. These were the American people of forty 
years ago. 

282. The New Immigration. — The old immigration estab- 
lished in this country an Anglo-Saxon and agricultural civiliza- 
tion. The people came in search of new homes on the free lands 
of this great continent. But by 1890 most of the available 
free lands had been taken up, and a homestead could no longer 
be had for the asking. Also, the great industrial era was be- 
ginning in this country. The old immigration practically ceased 
and a new immigration from central, southern, and eastern 
Europe began. The immigrants were not only foreigners but 
of alien races. About 95 per cent of all the immigrants who 
came to this country before 1883 came from Great Britain, 
Germany, France, the Netherlands, Belgium, Denmark, Nor- 
way, and Sweden. From 1883 to 1907, 81 per cent of the total 
European immigration came from Austria-Hungary, Russia, 
Italy, Greece, Bulgaria, Rumania, Serbia, Montenegro, Poland, 
Spain, Portugal, and Turke}-. It is stated that in recent years 
more immigrants have come to this country from any one of 
either Austria-Hungary, Italy, or Russia than from all the 
northern European countries together that furnished the bulk 
of the old immigration. 

Moreover, the new immigration has generally been of a dif- 
ferent type from the old. The new immigration has consisted 
mainly of the lower classes, most of them very poor and many 
of them destitute when they landed. And, although in their 
old homes thej^ had usually belonged to the agricultural classes, 
they were unable to obtain land here because the free lands 



360 



GOVERNMENT AND THE PEOPLE 



were gone, and, being also without capital, they generally had 
to become laborers without homes of their own. This forced 
them into the large cities and mining camps where employ^, 
ment was to be had. Thus this country has been flooded with 
hundreds of thousands of immigrants who, because of diifer- 




©Ewing Galloway. 

IMMIGRANTS ARRIVING IN NEW YORK CITY. 



ences in race, religion, ideals, and standards of living cannot 
be easily assimilated, and who often remain practically for- 
eigners, enjoying the benefits of American civilization but with- 
out any adequate appreciation of American institutions and 
ideals. They tend to congregate in colonies in the large cities, 
retaining their native language and many of their native cus- 
toms. Some even of the newer immigrants have become fully 
Americanized and make good citizens, but many do not. The 



THE PEOPLE OF THE UNITED STATES 361 

presence of these unassimilated foreigners has given rise to 
some of the most troublesome problems now before the Amer- 
ican people. From among them have come most of the anar- 
chists and agitators who have so seriously disturbed the social 
and economic life of the country. Such persons arc "enemies 
within our gates," and all such should be rigidly excluded if 
we are to preserve intact the civilization which has been built 
up by the fathers of the republic. 

283. Immigration Laws. — The power to regulate immigra- 
tion is not specifically granted to Congress by the Constitution, 
but it is well settled that Congress has full power over the sub- 
ject. The regulation of immigration is a regulation of foreign 
commerce, and therefore comes under the commerce clause, 
but the power to regulate immigration may also be implied 
from the general control given to the federal government over 
foreign relations. Congress has power to admit or exclude 
aliens as it sees fit, and has also power to deport undesirable 
aliens, or require aliens to behave themselves as a condition 
of being permitted to remain in this country. 

For nearly a century after the adoption of the Constitution 
it was the national policy to encourage immigration. There 
were vast stretches of unoccupied lands and the country needed 
settlers. Naturally the Americans welcomed newcomers, espe- 
cially as they were of their own race and kind. During almost 
the entire period of the old immigration every encouragement 
was held out to the immigrant. Among other things an almost 
sentimental enthusiasm for liberty and democratic institutions 
became responsible for the doctrine that America should be 
the haven of refuge for the oppressed of all lands, particularly 
those fleeing from political and religious oppression. Some few 
of this sort did in fact find a refuge here, such as refugees from 
the unsuccessful German revolution of 1848, but probably no 
great number came for such reasons. Instead of being a refuge, 
this country has become in later years to some extent a dump- 
ing-ground for aliens who were not wanted at home. About 
fift}" years ago some European nations began to pardon persons 



362 



GOVERNMENT AND THE PEOPLE 



convicted of murder and other infamous crimes on condition 
that they would emigrate to the United States, and also made 
a practice of assisting their paupers, idiots, insane, and diseased 
persons to emigrate to this country. This led to restrictive 
legislation. In 1882 the first restrictive law was passed. This 




© Ewing Galloway. 

A CLASS IN ENGLISH FOR rOREIGNERS. 



forbade convicts, lunatics, idiots, paupers, and persons likely 
to become a public charge to land. 

The present law, passed in 1917, excludes all such and also 
diseased persons, polygamists, anarchists, and criminals of vari- 
ous sorts. It also excludes all persons, with some exceptions, 
over sixteen years of age who cannot read some language. 
Thus it will keep out the ignorant masses of aliens who form 
the material upon which the radical and anarchist works. It 
is stated that 98 per cent of the strikers in the steel strike of 



THE PEOPLE OF THE UNITED STATES 363 

1919 were alien born. Without the ignorant aliens to work on 
the I'adical agitator could do little harm. 

Until 1921 no attempt was made to limit the number of 
aliens who may enter this country, but the experiences with 
"hyphenated Americans" during the World War intensified 
the demand for such restriction, which was begun by the tem- 
porary act of 1921 admitting during the year aliens from any 
particular country only up to 3 per cent of the number from 
that country already in the United States. 

284. Chinese and Japanese. — Of all the foreigners who 
have come to this country jorobably none, except the negroes, 
are so incapable of assimilation with the Anglo-Saxon as the 
Chinese and Japanese. Physically, mentally, and in point of 
view these races are so different from the Anglo-Saxon that it 
seems impossible for them to meet on a common plane of Amer- 
ican citizenship. 

The first Chinese came to this countrj- in 1849 just after 
the discovery of gold in California. They were welcomed as 
laborers and in that capacity helped in the development of 
the country. In 1860 there were about 35,000 Chinese in the 
United States, nearly all in California. Their extraordinary 
industry and low standards of living enabled them to compete 
unfavorably with white labor, with the result that in 1882 the 
Chinese Exclusion Act was passed shutting out Chinese la- 
borers. A similar act is still in force. In 1890 there were 
about 107,000 Chinese in this country, but since then their 
number has been steadily declining. In 1910 the number was 
only 57,000. 

There was no consideral^le Japanese immigration to this 
country until about twenty years ago. The total number of 
Japanese in the United States in 1900 was about 25,000. Then 
immigration increased and in 1910 there were about 68,000. 
like the Chinese, the Japanese settled mostly on the Pacific 
coast. For much the same reasons a strong opposition to them 
developed there, as against the Chinese, especially in Cali- 
fornia, and the exclusion of Japanese was demanded. In Cali- 



364 GOVERNMENT AND THE PEOPLE 

fornia the anti-Japanese sentiment manifested itself in school 
laws and land laws. The Japanese Government took the 
matter up with the federal government, and the matter was 
adjusted after a fashion. A "gentlemen's agreement" was 
entered into in 1907 bj'^ which the Japanese Government 
agreed not to issue passports to Japanese laborers to come to 
the United States. Congress did not pass a Japanese exclusion 
law similar to that excluding the Chinese, but the "gentlemen's 
agreement" has had about the same effect. However, many- 
Japanese women have been allowed to come to this country 
as the wives of Japanese already here, the marriages having 
been arranged by the parents by proxy in Japan to be followed 
by a marriage- in American fashion upon their arrival here. 
Since husband and wife became acquainted only through photo- 
graphs, such brides are known as "picture brides." About 
4,000 such brides arrived in 1920, but the practice has now 
been stopped. The Japanese question is still one of the liveliest 
interest on the Pacific coast. 

285. The Negroes. — The oldest, biggest, and most per- 
manent race problem in this country is that caused by the 
presence of about 10,000,000 negroes, constituting about one- 
third of the population of the South and one-tenth of the total 
population of the United States. Unlike other races, the 
negroes did not come here of their own accord, but were 
brought by the whites, mostly as slaves. For various 
reasons, mainly economic, the great majority of the negroes 
have always lived in the South. When brought to America 
the negroes were ignorant savages. In slavery were laid the 
foundations of training and character which have made pos- 
sible the great progress of the negroes since the slaves were 
freed in 1865. 

Since the Civil War many negroes have gone to Northern 
and Western states, especially to the cities, but the South still 
remains their principal home. The negroes have made great 
progress in education and material prosperity since the Civil 
War. In this they have been greatly helped by the whites. 



THE PEOPLE OF THE IGNITED STATES 365 

About a century ago an attempt was begun to colonize the 
negroes of the South in Liberia in Africa. It has not suc- 
ceeded. The negroes do not wish to leave this country. They 
have prospered here, and thousands of negro workmen in the 
United States live better than chiefs in Africa.* 

In a special sense the negro problem is a Southern problem, 
for in the South the negroes are most numerous ; but it is also a 
national problem, for negroes are widely scattered, and also any 
problem that concerns a great section of the country is bound to 
affect the whole nation. Leaders of the race, such as Booker 
T. Washington and his successor, Robert R. Moton, have urged 
the negroes to make the most of themselves as negroes, ad- 
vancing by industry, thrift, and education in the material and 
higher things of life. Along these lines the whites are offering 
every encouragement and rapid progress is being made. 

In slavery times there was much personal contact between 
the whites and the slaves, especially those about the family 
home. The white mistresses personally looked after clothing 
the slaves, old and young, and ministered to them in sickness. 
The black "mammy" who nursed the white children was an 
attractive Southern institution, and white and black children 
freely played together. 

Now the whites and negroes live apart. Although the negroes 
receive much help of one sort or another from the whites, they 
are living, as a race, their separate lives. 



* About one-third of the inhabitants of the Virginia town in which the 
writer hves are negroes. They Uve in complete harmony with the whites, 
and there is a good deal of mutual kindness between the races. The negro 
has the same chance as the white man in commercial and industrial life. 
Whites and negroes work side by side as mechanics and laborers without 
friction, yet there is no "social equality." Many of the negroes own at- 
tractive homes, some of them jirovided with bathrooms, furnaces, and 
electric lights. One of the three meat-shops in the town is owned by a negro 
and is patronized by the whites. The negroes have two good brick 
churches, equipped with pipe organs. Negroes of both sexes vote without 
the slightest interference. Here the negro problem seems to have been 
solved, so far as it can be solved while the two races live in the same com- 
munity. 



366 GOVERNMENT AND THE PEOPLE 

286. The Indians. — The Indians, who are the descendants 
of the original inhabitants of this continent, number about 
335,000, of whom about one-half are of full blood. The tribal 
Indians are not technically a part of the political body known 
as the "people of the United States," nor are they foreign na- 
tions or persons. Their position is a peculiar one, they being 
regarded as ''wards of the nation," and cared for and controlled 
as such. The status of particular tribes differs somewhat ac- 
cording to their number, situation, or circumstances. Thus 
the Seneca Nation in New York state is a public corporation, 
and is recognized by both the state and federal governments 
as a distinct community. The Pueblo Indians of New Mexico 
and the Yuma Indians of California are not recognized as main- 
taining a tribal character. So also of other small and isolated 
bodies of Indians. The Five Civilized Tribes of Oklahoma 
have well-developed tribal governments. In dealing with the 
Indian tribes the United States Government so far recognized 
their nationahty as to make treaties with them until 1871, 
but since that time Indian affairs have been regulated by act 
of Congress and bj^ contracts with the Indian tribes. 

Tribal Indians are not usually citizens of the United States, 
but under various statutes certain Indians have been admitted 
to citizenship. Laws provide for the allotment of land to 
individual Indians and their absorption into the general pop- 
ulation upon their severance of their tribal relations and adop- 
tion of the habits of civilized life. Contrary to a common im- 
pression on the subject, the Indians are not a "vanishing race," 
but are possibly more numerous than when this country was 
discovered. They have substantially increased in number 
during the past few years. 

From time to time the Indian tribes in the Eastern and 
Southern states have been removed to reservations in the West 
and Southwest. The United States Government has always 
dealt generously with the Indians. The Indians never really 
occupied and made use of the land over which they roamed, 
except to a very limited extent, but when the development of 



THE PEOPLE OF THE UNITED STATES 367 

the country by the whites made necessary the removal of the 
Indians from their original homes to reservations, they received 
in return for the lands they occupied other lands and money. 
Large sums derived from the sales of their lands are adminis- 
tered by the government as trust funds for their benefit, h^ev- 
eral million dollars are appropriated annually for the educa- 
tion and support of the Indians, but they are not taxed.* Al- 
though the Indians are not an industrious or thrifty people, 
and contribute little to the national wealth, they are, through 
the fostering care of the government, in man}^ cases individually 
and collectively a wealthy people. The value of the oil interests 
alone of some of the tribes amounts to hundreds of millions of 
dollars, t 

The management of Indian affairs belongs to the Depart- 
ment of the Interior. There is a commissioner of Indian af- 
fairs and a board of Indian commissioners. This board is a 
body of unpaid citizens appointed by the President, which in 
a visitorial and advisory capacity co-operates with the com- 
missioner in the administration of Indian affairs. 



* In 1919 the government spent for Indian affairs $33,320,447, of which 
about two-thirds was money belonging to the Indians and handled by the 
government for them. But the actual expense to the taxpayers of the 
country was $10,218,327. In short, the Indians, though as able-bodied 
as anybody and occupying fertile lands, do not sujjport themselves and 
pay no taxes. The amount of land reserved for Indians allows about 150 
acres for each individual of the entire Indian population, though many 
Indians do not live on reservations. 

t The Five Civilized Tribes of Oklahoma, numbering 101,506 persons, 
in 1919, owned tribal property valued at $19,398,615 and individual prop- 
erty amounting to $182,187,450 (total, $201,586,065), besides oil and gas 
interests estimated at $850,000,000. The Osage tribe in Oklahoma, num- 
bering 2,154, owned individually property valued at $16,182,861, with 
oil and gas rights estimated at $700,000,000, besides a trust fund of $7,038,- 
474, held by the government for the tribe. Not counting their oil and gas 
rights, they are worth about $10,000 per capita, and, assuming that the 
estimated value of the oil and gas is correct, they are worth over $300,000 
per capita. The total amount accruing to the tribe from oil and gas leases 
during the fiscal year ending June 30, 1919, was approximately $17,000,000, 
or about $7,500 for every individual in the tribe. They are probably the 
richest people in the world. 



368 GOVERNMENT AND THE PEOPLE 

Questions 

1. From what countries did the "old immigration" into this country 
mainly come ? Were the peoples of these countries of the same racial stock ? 
What did they do after they reached this country? 

2. From what countries have most of the immigrants in recent years 
come? Do they readily assimilate with Americans? Are the recent im- 
migrants of as high a class as the earher ones? What do they do here? 

3. Why do the recent immigrants so often constitute a menace to Amer- 
ican institutions and ideals? Is it the duty of the people of the United 
States to receive into their midst any one who may wish to come here re- 
gardless of whether or not he will make a good citizen ? What percentage 
of the population of your state are of foreign birth ? 

4. Should we restrict immigration from England? Russia? Scotland? 
Ireland? Turkey? Italy? France? Norway? Holland? Greece? Bulgaria? 
Africa? China? Japan? 

5. Do you think the President did right in vetoing the immigration 
bill of 1917 because of the provision excluding illiterates? 

6." What are the two fundamental principles of the position of the white 
people of the South on the negro problem? Are the negroes given a 
"square deal" in your community? 

7. Putting the original number of Indians in this country at 1,000,000 
(a high estimate), can it be truly said that they owned the land upon which 
more than 100,000,000 persons now live without crowding? Do you think 
the Indians would be better off if instead of being supported by the gov- 
ernment they had to work for a living? 



CHAPTER XXIX 
NATURAL RESOURCES OF THE UNITED STATES 

287. In General. — With the possible exception of Russia, 
no country in the world is so rich in natural resources as the 
United States. The productive resources of the country con- 
sist mainly of the soil, the forests, minerals, and water-power J 
The varieties of animal life — the wild animals, the birds, fish,' 
and other inhabitants of the waters — are also important. This 
chapter will contain a brief description of the natural resources 
of this country and some account of what is being done to use, 
develop, and conserve them.* 

288. The Land. — The great fundamental resource of the 
nation is the land. It supports almost all vegetable and ani- 
mal life, and from it comes most of our food and clothing. 
The sea and the lakes and streams are an important source of 
food and some other things useful to man, but in comparison 
with what the land supplies the products of the waters of the 
earth are of small consequence. The land contains our min- 
eral resources and upon its surface grow the forests, but we 
shall first consider it with reference to the soil itself. 

The United States is immensely rich in soil of great variety 
and fertility. So long as a nation has enough fertile land, there 
is no danger that the people will suffer for food and clothing. 
Some nations have not enough land, and find their population 
crowding upon their territory to such an extent that the prob- 
lem of getting enough to eat threatens to become a serious one. 
It is stated that the population of the world has increased 70 

* The most important authorities on the natural resources of the coun- 
try are the various government reports. In the preparation of this chapter 
I have made considerable use of Doctor Van Hise's '"Conservation of Nat- 
ural Resources in the United States." 

369 



370 



GOVERNMENT AND THE PEOPLE 



per cent since 1850. At this rate it will in 1950 be double 
what it was in 1850. There has been almost no immigration 
to Japan, yet the population of the little island empire has 
increased 50 per cent in the past fifty years, and it now has 




Courtesy of the Scientific American. 



CHART SHOWING OUR FOOD PRODUCTIONS, COMPARED WITH 
OTHER COUNTRIES. 



about half as many people as the United States with an area 
less than that of the state of California. Is it any wonder 
that Japan is looking for some outlet for its surplus popula- 
tion? Without land nations cannot live. But the land must 
be taken care of, for its productivity may be easily impaired 
or destroyed. Improper methods of cultivation may exhaust 



NATURAL Kl-:S(^rRCES OF THE T'XITED STATES 371 

its fertility, or the soil may bo washed away l\y rains and floods 
when stripped of its natural protective coverinji; of forest. 

The total area of the United States is 3,020,789 square niilos, 
and that of Alaska 590,884. Adding the Philippines, Porto 
Rico, and the various other possessions, the total area under 
the control of the United States is 3,743,344 square miles, or 
about two and one-third biUioti acres (2,395,740,160). The 
area of Texas alone is greater than the combined areas of 
France, Belgium, the Netherlands, and Denmark. California 
is a little larger than Italy and Greece put together. There 
is no danger that the people of the United States will starve if 
they take care of what they have. 

289. The Public Lands. — When the original settlers came 
to this country they found vast regions over which scattered 
tribes of Indians had established their villages here and there 
or roamed at large. Xqiv little of the land was permanently 
occupied, and, although estimates vary greatly as to the num- 
ber of the Indians, the entire original population was not suf- 
ficient to have really occui)ied or used more than a small frac- 
tion of the total area of the countr3\ Most of it was unoc- 
cupied. The lands on the Atlantic coast soon passed from the 
Indians into the hands of the whites as fast as they were needed 
by the latter. In colonial times large grants were made by the 
British crown to individuals. 

At the time of the adoption of the Constitution great tracts 
lying to the west which were claimed In' the several states 
were ceded by them to the United States, and constituted the 
public domain. At the beginning of the nineteenth century this 
is said to have amounted to about 400,000 square miles. Great 
accessions to the public domain were made by the purchases 
from France, Spain, Mexico, and Russia. The vast territory 
west of the Mississippi belonged to the United States, and the 
entire public domain, excluding Alaska, amounted to more 
than two and one-quarter million square miles, or about 1,440,- 
000,000 acres. This v»'as the property of the United States, 
which was doubtless the largest landowner in history. 



372 GOVERNMENT AND THE PEOPLE 

More than half of the public domain has been disposed of 
by the government to states, railroads, individuals, or other- 
wise. Up to 1909 the total grants to individuals and corpora- 
tions amounted to about 572,000,000 acres; about 154,000,000 
acres had been granted to states; about 325,000,000 acres were 
reserved as national parks and forests, Indian reservations, 
mineral lands, etc., and about 363,000,000 acres remained un- 
appropriated and unreserved. 

The early land laws provided for grants to settlers on ex- 
tremely Hberal terms. The land was worth more to the coun- 
try with settlers on it than unoccupied. For a long time a 
homestead could be had almost for the asking, and the old 
song was: "Uncle Sam is rich enough to give us all a farm." 
There were no doubt many abuses; valuable farming and min- 
eral lands were practically given away, and much of the land 
got into the hands of speculators rather than actual settlers. 
Enormous grants were made to railroad companies, but this 
was not unreasonable, for a railroad across the continent was 
greatly needed, and without help from the government could 
hardly have been built. Although mistakes were made in dis- 
posing of the public lands, the general result was good, for there- 
by the settlement and development of the country was made 
possible. This means that larger taxes are paid to the gov- 
ernment, which in this way wins out in the end 

The lavish disposal of land and other national resources 
has at last stopped. Formerly agricultural lands, minerals, 
timber, and water-power sites on the public domain were pass- 
ing rapidly from public to private ownership. But with the 
development of the conservation movement in 1909, under 
the leadership of President Roosevelt, this was changed. Most 
of the forests still owned by the nation, nearly 150,000,000 
acres, were withdrawn from private entry and made national 
forests. More than 80,000,000 acres of coal land in the Western 
states and Alaska, 1,500,000 acres for water-power sites, and 
4,700,000 acres of phosphate lands were also withdrawn. Alto- 
gether, during President Roosevelt's administration, more 



374 GOVERNMENT AND THE PEOPLE 

than 234,000,000 acres of land were withdrawn from private 
entry, most of which is to remain the permanent property of 
the nation. 

290. The Forests. — The original forests of the United 
States were more extensive and valuable than those of any- 
other nation. They contained at least 850,000,000 acres of 
merchantable saw timber, and enough scrubby growth to bring 
the total forest area of the United States to about 1,000,000,000 
acres, or about one-half of the total area of the country. Prob- 
ably more than half of this is now gone, and the annual cutting 
exceeds the annual growth. Much of the forest had to be cut 
to clear the land for farming purposes; the trees were in the 
way. The destruction of the forests in the early days for this 
purpose can scarcely be called waste. But for many years the 
cutting has been mainly for timber. In this there has been 
great waste in both cutting and manufacture. It has been 
estimated that only three-eighths of the timber as it stands 
finally goes into the manufactured product. Also there has 
been and still is an appalling loss by forest fires, almost all of 
which is unnecessary. The carelessness of campers in not prop- 
erly extinguishing their camp fires has often caused destruc- 
tive fires. Up to a few years ago it was estimated that the 
timber destroyed by forest fires about equalled the timber cut. 

The forest resources of the United States are still very great. 
In 1910 about one-fifth of the forest area belonged to the public 
and four-fifths was privately owned. In recent years the fed- 
eral government has been buying large tracts of mountain 
forest lands in the Eastern states for the double purpose of 
conserving the timber supply and protecting the watersheds. 
The cutting of the forests denudes the land of its protective 
covering, with the result that, instead of soaking in and run- 
ning off gradually, the rainfall rushes off, doing little good to 
crops, washing the soil away and destroying the land for farm- 
ing purposes, and causing destructive floods in the streams. 
Both state and federal governments are now taking steps to 
protect the watersheds by preserving the forests. 



XATriiAL RESOUKC'ES OF THE EXITED STATES 375 

Tho United States Government has reserved a considerable 
part of the original forc^st area as national forests. There are 
about 150 of thes(! with an aggregate area of about 160,000,000 
acres, besides the bodies of forest lands recently j^urehased in 
the Eastern states. The national forests are in charge of the 
Forest Service of the Department of Agi'iculture. Several 
thousand men, or "rangers," are emplo^yed to look, after the 
forests, watching for fires, jilanting new trees, etc. Many of 
the states also own imj:)ortant forc^st areas and have forestry 
departments. 

By proper methods of conservation it is possible to avoid 
much of the waste and loss now going on, and also to promote 
timber growth so as to niak(^ forests more productive, so that 
the danger of a timber famine can be averted. Permanent 
forests may l)e maintained from which the cuttings are re- 
placed 1)}' new^ growth. Denuded areas may be reforested by 
setting out seedlings. It takes timber-trees a long time to grow, 
but the state or the nation can afford to wait. Quoting from 
a circular of the Forest Service: "By reasonable thrift we can 
produce a constant timber supply beyond our present need, 
and with it conserve tho usefulness of our streams for irriga- 
tion, water suppl}^, navigation, and power. Under right man- 
agement our forests will yield over four times as much as now, 
. . . We can practically stop forest fires at a total yearly 
cost of one-fifth the value of the standing timber burned each 
year. We shall suffer for timber to meet our needs until our 
forests have had time to grow again. But if we act vigorously 
and at once, we shall escape permanent timber scarcity." 

291. Mineral Resources. — The mineral resources of the 
United States far exceed those of any other nation. They fall 
into three classes: mineral fuels, the metals, and the non-metalic 
mineral substances. The fuels are coal, peat, petroleum, and 
natural gas. These are permanently exhausted with the using. 
Natural gas is already giving out, having been most wastefully 
consumed. The coal deposits are immense and well distributed, 
there being few places in the United States which are not with- 



376 



GOVERNMENT AND THE PEOPLE 



in 500 miles of a coal deposit. Unfortunately, the government 
allowed great and enormously valuable coal areas to get into 
private hands without reference to the coal underlying the sur- 




Courtesy of the Scientific American. 

CHART SHOWING OUR RESOURCES AND HOW WE ARE 
USING THEM. 



face. The remaining coal lands, which are extensive, are being 
held or developed for the benefit of the people. The vast coal 
deposits of Alaska have been withdrawn from private entr}^ 
Conservation includes the avoidance of waste in the mining 
and use of coal, and the use of substitutes; for example, elec- 
tricity developed by water power. The deposits of peat in 
this country are extensive, but so far, owing to the abundance 



NATURAL RESOURCES OF THE UXITED STATES 377 

of coal, peat has not been much used. The petroleum deposits 
are immense, but the enormous use, especially since the in- 
vention of the gasolene-engine and the automobile, is already 
giving concern as to how long the supply may last. The main- 
tenance of the petroleum supply is one of the world's great 
problems. Alcohol, which can be produced without limit from 
^'egetation, has been suggested as a possible substitute. 

The metallic resources, iron, copper, lead, zinc, gold, silver, 
etc., are great sources of national wealth. Aluminum, which 
has late come into common use, is the most abundant of the 
metals, but the cost of extraction is still high, which greatly 
restricts its use. The non-metallic resources, such as building 
stone, cement, slate, clay, gravel, salt, sulphur, asbestos, as- 
phalt, etc., are many of them inexhaustible. 

292. Water Power. — Coal once burned is gone, but the 
running water in the streams is forever being renewed. Falling 
or running water is probably the oldest source of power em- 
ployed by man. As in other resources, the United States is 
rich in water power. Some years ago the statement was made 
that the amount of water power that could be developed from 
the streams of this country, taken at the period of their mini- 
mum flow, "exceeds our entire mechanical power in use, would 
operate every mill, drive every spindle, propel every train and 
boat, and light every city, town, and village in the country." 
This refers to the absolute amount of power, and does not take 
into account that much of it would be lost in transmission to 
the place of use. 

The use of water power was confined to small plants so long 
as it was necessary to use the power at its source, but the in- 
troduction of electricity and long-distance transmission has 
greatly increased the range of the use of water power and given 
impetus to water power development. In some of the Western 
states electric power generated by water is transmitted 200 to 
300 miles. A general use of water power would reduce the 
drain on the coal supply of the country. 

The principal public question in this connection is that of 



378 GOVERNMENT AND THE PEOPLE 

control. Much of the available water power has gotten into 
the hands of private corporations. For them to have a monop- 
oly of water power, or to hold needed power idle for specula- 
tion, is certainly not to be desired. Greater care is now being 
exercised by the government in conserving for the public the 
remaining water power on the public domain, and public regu- 
lation of privately owned hydro-electric plants is protecting 
the public from the evils of monopoly. 

293. National Parks. — As in other resources, the United 
States is rich in natural scenery and interesting natural areas 
and objects. An attractive feature of conservation is the 
preservation for the public enjoyment of places of special scenic' 
and recreational interest by their conversion into public parks. 
Many national parks have been established by the federal gov- 
ernment, and the states are giving some attention to the sub- 
ject. The national parks are areas which Congress has set 
apart, because of extraordinary scenic beauty, remarkable 
natural phenomena, or other unusual qualification, for the use 
and enjoyment of the people. 

They are not parks in the ordinary sense of that term, im- 
proved by man, but large areas which nature has made beau- 
tiful or interesting. By the construction of roads, hotels, etc., 
they are made accessible to tourists. There are now about 
twenty of these parks. The first to be established was the 
Hot Springs Reservation in Arkansas, which was created in 
1832. Among the best known are the Yellowstone Park in 
Wyoming; the Yosemite Park in California, and the Sequoia 
Park, with the giant redwood trees, in the same state; the 
Rocky Mountain Park and the Mesa Verde, with its famous 
cliff dweller ruins, in Colorado. Interesting spots set apart 
as national ''monuments" are the Casa Grande ruin in Arizona, 
the El Morro Monument in New Mexico, the Grand Can3^on 
in Arizona, and others. 

The National Park Service was established in 1916 as an 
agency of the Department of the Interior. Its director is 
charged with the supervision and administration of the national 




YELLOWSTONE PARK. 
Looking down the canyon from above the falls. 



380 GOVERNMENT AND THE PEOPLE 

parks and monuments. Beautifully illustrated descriptive 
portfolios of the various national parks and monuments may 
be obtained from the director of the National Park Service, 
Washington, D, C. 

294. The Conservation Movement. — The vast extent of 
the natural resources of the United States naturally produced 
a feeling ainong the people that these resources were practically 
inexhaustible. The forests were even in the way, and great 
areas of forests were burned or otherwise destroyed to make 
way for agriculture. There seemed to be no end of the rich 
free land of the West. The exploitation and development of 
our natural resources as fast as possible seemed to be the proper 
thing. But near the close of the nineteenth century scientific 
men and other thoughtful observers began to call attention 
to the unwisdom of this course. The removal of the forests 
from the mountains and watersheds of France, Spain, Pales- 
tine, and China had not only produced a scarcity of fuel in those 
countries, but in some sections had caused the destruction of 
the soil itself. The unprotected soil washed away, leaving bare 
rocks where once had been abundant vegetation, and the debris 
carried down by the water from the highlands had destroyed 
rich low grounds and choked and befouled the streams. With 
this came destructive floods, as the rainfall and melting snows, 
no longer checked by vegetation and the forests, rushed from 
the barren hillsides in torrents. In China in the deforested 
areas famine was common. Might the United States come to 
this? 

Gradually, through the influence of the warnings of scien- 
tific men, the people of this country began to take notice of 
the situation and found that they were wasting their heritage. 
The forests were going; natural gas was on the way to exhaus- 
tion; calculations were being made as to how long the coal 
would last. The definite conservation movement was led espe- 
cially by Gifford Pinchot and President Roosevelt. In May, 
1908, at the invitation of Mr. Roosevelt, a large body of dis- 
tinguished men, including the members of the cabinet and of 



NATURAL RESOURCES OF THE UNITED STATES 381' 

the Supreme Court, members of Congress, the governors of 
thirty-four states and of the territories, representatives of many 
scientific societies, and others, gathered at the White House 
in a conference for the conservation of natural resources. 
Shortly afterward President Roosevelt appointed a national 
conservation commission, and since then conservation com- 
missions have been created by practically all the states, besides 
unofficial organizations. 

The conservation movement has for its object the conserva- 
tion of all our natural resources in every way possible. In the 
case of the consumable resources which cannot be replaced, 
such as coal, gas, and oil, there should be reduction of waste 
in extraction and use; the metals, so far as possible, should be 
used over and over again; by scientific forestry the forests 
should be perpetually renewed as fast as used, losses by fire 
should be stopped, and denuded areas should be reforested; 
the water should be fully used for domestic purposes, power, 
irrigation, navigation, etc.; the soil should be protected from 
erosion, and its fertility maintained by proper methods of culti- 
vation and by the use of fertilizers. These are some of the 
lines along which conservation is now being practised. 

295. Agricultural Development. — Agriculture is the nation's 
most important industry. More people are engaged in farming 
than in any other occupation. In 1910, of about 38,000,000 
persons engaged in gainful occupations, over 12,000,000 were 
engaged in farming and gardening. The total number em- 
ployed in mining and in manufacturing and mechanical indus- 
tries came next with about 11,500,000. The value of agricul- 
tural and animal products probably comes close to $25,000,- 
000,000 a year. Notwithstanding the rush to the cities, it will 
be seen that a good many of us still make our living from the 
land. 

As might be expected from the importance of the subject, 
the state and federal governments are doing a great deal to 
promote agriculture and the kindred industries. The United 
States Department of Agriculture co-operates with the state 



•382 



GOVERNMENT AND THE PEOPLE 



agricultural departments in helping the farmer. The scope of 
the work of the Department of Agriculture may be seen from 
the names of its various bureaus devoted to this line of work. 
These are the Bureau of Animal Industry, the Bureau of Plant 
Industry, the Bureau of Chemistry, the Bureau of Soils, the 




DEMONSTRATION OP STOCK ON AGRICULTURAL TRAIN 
SENT OUT BY A UNIVERSITY. 



Bureau of Entomology, the Bureau of Crop Estimates, the 
Bureau of Markets, the Insecticide and Fungicide Board, 
and the federal Horticultural Board. The department 
issues many pamphlets and leaflets on almost every con- 
ceivable subject of interest to farmers, stock-raisers, fruit- 
growers, dairymen, and others engaged in rural pursuits. Ex- 
perimental farms and stations are maintained by the state 
and federal governments, and many new varieties of agricul- 
tural and horticultural products are tested and developed. 
From these sources the farmer and his wife can get information 



NATURAL RESOURCES OF THE UNITED STATES 



383 



and advice about almost anything from spraying orchards to 
canning tomatoes. 

Instruction in agriculture and kindred pursuits is given in 
state agricultural colleges and in th(^ state universities. 
Demonstration trains are sent ■ about the countr.y carrying 




DEMONSTRATION CLASS IN TRAIN SENT OUT BY UNIVERSITY. 



instruction directly to the people. County demonstrators 
are employed in many counties. Boys' corn clul)s and similar 
organizations are formed in many places to teach the young 
the best methods of farming. Altogether, the state and fed- 
eral governments are doing a great amount of experimental 
and educational work to increase the amount of farm products 
and make rural life more attractive. 

296. Protection Against Plant Pests.— An important spe- 
cial line of work which has only recently been taken up by the 
federal government is the protection of the United States from 
plant pests originating in foreign countries. For many years 
the principal European countries have protected themselves 
from such pests from this country. France, Germany, and 



384 



GOVERNMENT AND THE PEOPLE 



Holland, for example, have long refused to allow any living 
plants from America to enter those countries. The United 
States in the past has been as careless about admitting nursery- 
stock from other countries as about admitting human immi- 
grants. Until the enactment of the Plant Quarantine Act of 




Cnuricsy of the Scientific American. 

PLANT IMMIGRANTS ARRIVING AT WASHINGTON, WHERE THEY 
UNDERGO EXAMINATION. . 



1912, we had absolutely no protection from the importation 
of plant pests. All kinds of nursery stock was admitted with- 
out inspection. 

This carelessness has cost us dear. Among the undesirables 
that have come in are : the San Jose scale, imported from China 
about forty years ago, and now costing the horticulturists of 
this country at least $10,000,000 a year for spraying orchards 
and in the reduced value of fruit crops; the citrus canker, in- 



NATURAL RESOURCES OF THE I'NITED STATES 385 

troduced from Japan about 1908, which has been playing havoc 
with the citrus industry of Florida and other Gulf states; the 
holl-weevil of cotton which came to us from Egypt; the chest- 
nut blight, which is destroying our chestnut-trees; and many 
other destructive insect and fungous pests. Several years ago 
the Department of Agriculture estimated that the annual crop 
losses due to these alien pests amounted to $1,000,000,000 a 
year, and this at pre-war prices. Now we are being protected 
from such importations, and the government is spending large 
sums to help fight the pests that have already come in. 

297. Reclamation of Arid Lands. — A large part of the area 
of the Western and Southwestern states is arid or semi-arid, 
the rainfall being insufficient to make agriculture successful 
without artificial irrigation. It has been estimated that the 
total area of land in the United States which should be irri- 
gated is at least 750,000,000 acres, or more than one-third of 
the total area of the country. Much of this land is very rich 
and needs only the application of water to make it highly pro- 
ductive. The scarcity of water in these regions has led to water 
conservation and artificial irrigation from an earl}^ date. Under 
state laws irrigation has been practised in the arid region from 
the time of the early settlers. The greater part of the land 
originally belonged to the United States, and the federal gov- 
ernment has recognized the use of water for artificial irriga- 
tion since the enactment of the first statute on the subject in 
1866. 

The most important federal statute is the Reclamation Act 
of 1902. Under this statute the Reclamation Service has been 
created. The government constructs irrigation systems on 
public lands and sells the reclaimed land in small tracts to 
settlers. Thus arid and worthless land is converted into pro- 
ductive farms. The government reimburses itself for the orig- 
inal outlay from the proceeds of the sales of the land, and thus 
the original fund can be used over and over. The value of the 
reclaimed land greatly exceeds the cost of the irrigation sys- 
tems. According to a recent estimate 40,000 families were liv- 



38G GOVERNMENT AND THE PEOPLE 

ing on lands already brought under irrigation, and the total 
value of the land was more than $350,000,000. About thirty 
irrigation projects have already been undertaken by the Rec- 
lamation Service. The best known of the irrigation works 
are the Roosevelt Dam in Ai-izona, the Shoshone Dam in Mon- 
tana, and the Elephant Butte Dam in New Mexico. 

Questions 

1. Name the principal natural resources of the United States. 

2. Mention some ways in which the fertility of the soil may be im- 
paired. Can this be prevented? 

3. What steps have been taken in recent years to stop the wasteful 
disposal of the land and other natural resources on the public domain. 

4. Mention some ways in which the timber supply of the country is 
being wasted.- Explain the connection between the forests and the water 
supply and the fertility of the soil. Can the forests be made to furnish a 
never-failing supply of timber? 

5. Suggest some reasons why the coal and petroleum deposits should 
be controlled by the government. 

G. Why has the extensive use of water power been begun only within 
the past quarter-century? Mention the principal uses to which electricity 
generated by water power may be put. 

7. What is being done by the government to preserve and make avail- 
able to the people the great natural and scenic wonders of this country? 

8. What is the conservation movement, and how and when did it start ? 

9. Mention some of the things that are being done by the government 
to help those who make a living from the land. 

10. Explain the plan by which arid land is being reclaimed by the fed- 
eral Reclamation Service. 



CHAPTER XXX 
TERRITORIES AND DEPENDENCIES 

298. In General. — At the time of the formation of the 
Union the boundaries of seven of the states were fixed aliout 
as at present, I)iit the states of Massachusetts, Connecticut, 
Virginia, North and South Carohna, and Georgia extended, 
under their charters, somewhat indefinitely into the vast unoc- 
cupied regions lying toward the West. All this territory was 
claimed by these states, and some of it by New York also, and 
the claims of the respective states sometimes conflicted. A 
wise solution of the controversies growing out of these conflict- 
ing claims was found in the cession of the entire area to the 
United States. 

The area of the United States at the time of the adoption 
of the Constitution extended westward to the Mississippi River, 
and on the south was cut off from the Gulf of Mexico by the 
Spanish territory, which stretched from the Atlantic Ocean 
to the Mississippi. Afterward, by various acquisitions by 
purchase, conquest, and exploration and settlement, the area 
of the United States was extended to its present boundaries. 
That part of the public domain lying north of the Ohio River 
and east of the Mississippi was known as the Northwest Terri- 
tory, the government of which was provided for by the Con- 
tinental Congress in the celebrated Ordinance of 1787. This 
ordinance, although prior to the Constitution, secured the 
blessings of liberty to the inhabitants of the territory, and con- 
stituted the basis of the territorial system of government under 
which the territories have been organized and governed prior 
to their admission as states. 

As a rule the various acquisitions of territory by the United 
States have consisted of practically unoccupied areas, and so 

387 



388 GOVERNMENT AND THE PEOPLE 

long as these remained without sufficient population to justify 
the establishment of local governments, they were governed 
directly by Congress. But with the increase of population 
through immigration, organized territories have been created 
by act of Congress with governments modelled after those of 
the states, the territorial governments so established being 
subject to the control of Congress. It was expected that these 
territories should be admitted into the Union as soon as their 
population became sufficient to warrant it. These territories 
were all a part of the continental area of the United States, 
and have now all been admitted into the Union upon equal 
terms with the original states. At present the only territories 
are Alaska and Hawaii. 

According to Chief Justice Marshall: "The Constitution 
confers absolutely on the government of the Union the powers 
of making war and of making treaties; consequently that 
government possesses the power of acquiring territory, either 
by conquest or by treaty." The power of Congress to 
govern the territories is conferred by the provision of the 
Constitution that: ''The Congress shall have power to dis- 
pose of and make all needful rules and regulations respect- 
ing the territory or other property belonging to the United 
States." The power to govern the territories also exists inde- 
pendently of this provision. In the words of Marshall: "Per- 
haps the power of governing a territory belonging to the United 
States which has not by becoming a state acquired the means 
of self-government may result necessarily from the facts that 
it is not within the jurisdiction of any particular state and is 
within the power and jurisdiction of the United States. The 
right to govern may be the inevitable consequence of the right 
to acquire territory. Whichever may be the source whence 
the power is derived, the possession of it is unquestioned." 

299. The Constitution and Territories and Dependencies. — 
The Constitution was made for states and not for terri- 
tories or colonial possessions. When these were acquired the 
question arose as to how far the constitutional provisions 



TERRITORIES AND DEPENDENCIES 389 

applied to them. It was finally decided that the constitutional 
guaranties respecting life, liberty, and property, for example, 
the guaranty of a jury trial in civil and criminal cases, apply 
to the organized territories of the United States, including 
Alaska, and the District of Columbia, hut that as to foreign 
territory acquired by the United States which has not been 
incorporated into the United States so as to become a part of 
it, these constitutional guaranties do not apply, unless Con- 
gress expressly so provides. 

This doctrine that the Constitution does not "follow the 
flag" did not receive the unanimous consent of the Supreme 
Court. So far as the Supreme Court has established any doc- 
trine on the subject, it seems that, while Congress probably 
may not lawfully disregard the fundamental natural rights of 
individuals in the government of the unincorporated posses- 
sions of the United States, such as the rights to religious liberty, 
property, free access to the courts, due process of law, etc., 
the Constitution does not guaranty to the inhabitants of such 
possessions the artificial rights of citizenship and the particular 
modes of procedure secured in the Constitution which are pecu- 
liar to Anglo-Saxon jurisprudence. Trial by jury, for example, 
would be inappropriate for peoples who ar& unfamiliar with 
its workings. 

300. Alaska.— Alaska, formerly called Russian America, 
was purchased by the United States from Russia in 1867 for 
$7,200,000. It forms the extreme northwestern portion of the 
North American continent, and has an area of 590,884 square 
miles, which exceeds that of the original thirteen states. It is 
rich in mineral resources and the returns from the sealskin 
and fishing industries alone have greatly exceeded the purchase 
price. The population in 1920 was 54,899. 

The present territorial government was established by act 
of Congress of August 24, 1912. It is substantially the same 
as that of a state, except that it is subject to the control of Con- 
gress. There is a legislature, consisting of a senate and a house 
of representatives, elected by the people of the territory; a 



390 GOVERNMENT AND THE PEOPLE 

governor appointed by the President and Senate for a term of 
four years; and a system of comets. It is provided that: "The 
Constitution of the United States, and all the laws thereof 
which are not locally inapplicable, shall have the same force 
and effect within the said territory as elsewhere in the United 
States." The territory is allowed one delegate to the House of 
Representatives, elected by the people of the territory every 
two j^ears. The delegate is entitled to a seat in the House and 
may take part in the debates and serve on committees, but 
has no vote. 

301. Hawaii. — The Sandwich or Hawaiian Islands are a 
small group of islands situated in the middle of the Pacific 
Ocean. They were discovered by a Spanish navigator in 1542 
and visited by the English navigator Captain Cook in 1778. 
At the time of Cook's visit the population was estimated at 
300,000, but soon afterward this number was greatly reduced 
by war and disease. The islands are twelve in number, of which 
eight are inhabited and the others barren rocks. The total 
area is 6,449 square miles. Under the natives a kingdom was 
established, but in 1893 the queen, Liliuokalani, was deposed 
and a republic set up. In 1898, by joint resolution of Congress, 
the republic was aimexed to the United States, as the "republic 
of Hawaii," and by act of Congress of June 14, 1900, was for- 
mally incorporated into the United States as. the "territory of 
Hawaii." 

The territorial government established by Congress is similar 
to that of Alaska. Hawaii is also allowed a delegate in the 
House of Representatives. By act of Congress, citizens of 
Hawaii are made citizens of the United States, and it is pro- 
vided that: "The Constitution, and, except as otherwise pro- 
vided, all the laws of the United States, including laws carry- 
ing general appropriations, which are not locally inapplicable, 
shall have the same force and effect within the said territory 
as elsewhere in the United States." 

The population of the territory in 1920 was about 256,000, 
of whom only about 24,000 were native Hawaiians. The Japa- 



TERRITORIES AND DEPENDENCIES 391 

nese numbei'od about 110,000. The immigration of Japanese, 
Chinese, and Koreans is now prohibited under the general im- 
migration laws of the United States. 

302. The Philippine Islands. — The Philippine Islands are 
an important archipelago in the Pacific Ocean, consisting of 
about 3,200 islands and islets with a total area of about 128,000 
square miles. The population in 1920 was 10,350,000. The 
natives comprise many different tribes of varying degrees of 
civiHzation, and speaking many dialects. The islands were dis- 
covered by the Portuguese navigator Magellan in 1521. They 
were taken possession of by Spain and held as a Spanish colony 
until 1898, when they were ceded by Spain to the United States 
at the close of the Spanish-American War. The islands were 
under military government until 1901, when a civil government 
was established by the United States with William H. Taft as 
governor. Under an act of 1902 the first legislative assembly 
was elected in the islands in 1907. The present government 
was established by an act of Congress passed in 1916. 

The government of the Philippine Islands has been one of 
the most difficult tasks ever undertaken by the United States. 
The inhabitants were a foreign and undeveloped people, speak- 
ing many languages, many of them savages, and almost all 
of them wholly unacquainted with Anglo-Saxon institutions. 
They had practically no conception of the first principles of 
self-government, and were entirely unfit to govern themselves. 
The problem of providing a government for these people was 
thrust unexpectedly upon the United States by the accident 
of war. At first there was complaint on the part of some Amer- 
icans that it is not in harmony with American institutions for 
the United States to govern an alien and dependent people or 
to maintain a colonial system, and the cry of imperialism was 
raised. The undesirability from the American point of view 
of the possession of the Philippines has been generally recog- 
nized, but it has also been seen that it would be improper, if 
not dangerous, to leave them to shift for themselves before 
they are prepared for self-government. The policy of the gov- 



392 GOVERNMENT AND THE PEOPLE 

ernment from the beginning has been to prepare the inhabi- 
tants for self-government as rapidly as possible with a view 
to their ultimate independence. To this end the United States 
Government has been establishing schools, building roads, and 
making other internal improvements, and by degrees admitting 
the natives into the local government. 

The act of 1916 grants to the Philippines a large measure of 
self-government. The legislature consists of a senate and a 
house of representatives, both elected by the inhabitants of 
the islands. It has general legislative power, except as other- 
wise provided, but subject to a bill of rights containing guaran- 
ties such as are found in the Constitution of the United States, 
trial by jury, however, not being included. The head of the 
executive department is the governor-general, who is ap- 
pointed by the President and Senate, and holds his office at 
the pleasure of the President and until his successor is chosen 
and qualified. The principal courts are the Supreme Court 
and twenty-six "courts of first instance." The judges of the 
Supreme Court are appointed by the President and Senate, 
and those of the courts of first instance by the governor-general 
and the Philippine senate. Appeals may be taken in certain 
cases from the Philippine Supreme Court to the Supreme Court 
of the United States. Two resident commissioners to the United 
States are elected every three years by the Philippine legis- 
lature. Unlike the territorial delegates, the resident commis- 
sioners have no seats in the House of Representatives, but by 
courtesy of the House are allowed the privilege of debate. 

The Philippine Islands are not a part of the United States 
and the citizens of the islands are not citizens of the United 
States. The government of the Philippine Islands is author- 
ized by Congress to establish a mint at Manila, and to coin 
money, and the islands have a separate monetary system. 

303. Porto Rico. — The island of Porto Rico was discovered 
by Columbus in 1493, and soon became a Spanish possession. 
At the close of the Spanish- American War in 1898 it was ceded 
to the United States. The area of the island is 3,606 square 
miles, or, with several small adjacent islands also included in 



TERRITORIES AND DEPENDENCIES 393 

the cession, 3,790 square miles. The population in 1920 was 
1,299,809. 

The civil government of Porto Rico under American control 
was established by acts of Congress of 1900 and 1917. By 
the act of 1917 United States citizenship was extended to the 
inhabitants of the island. The governor is appointed by the 
President and Senate and holds office at the pleasure of the 
President and until his successor is chosen and qualified. The 
legislature consists of a senate and a house of representatives, 
elected by the people. The judges of the Supreme Court of 
Porto Rico and of the United States District Court for the 
island are appointed by the President and Senate. There are 
also inferior courts. A bill of rights similar to that enacted 
for the Philippine Islands is in force. A resident commissioner 
to the United States is elected for a term of four years. He is 
by courtesy allowed the privilege of debate in the House of 
Representatives, but has no seat in that body. 

Porto Rico is not a part of the United States within the mean- 
ing of the provision of the Constitution that all duties, imposts, 
and excises shall be uniform throughout the United States. 
nor is it a foreign country so as to make goods brought into 
Porto Rico from the United States subject to duty as imports. 
The United States coinage and postage stamps are used in the 
island. 

304. Panama Canal Zone. — The idea of constructing a 
canal across the narrow neck of land connecting the continents 
of North and South America long appealed to human imagina- 
tion, and it is stated that such a canal was proposed as early 
as 1528. Various surveys were made during the middle period 
of the nineteenth century. In 1846 the United States by treaty 
with New Gr?,nada, now Cobmbia, acquired a right of way 
across the Isthmus of Panama, and in 1850 the United States 
and Great Britain entered into the Cla>i^on-Bulwer treaty with 
reference to the construction of a trans-isthmian canal, which 
was later the subject of much discussion. For various reasons 
the canal project lay dormant for many years. In 1878 Co- 
lombia granted a right of way through Panama to a French 



394 GOVERNMENT AND THE PEOPLE 

company headed by Ferdinand de Lesseps, the famous builder 
of the Suez Canal. The prospect of the construction of the 
canal by a foreign company aroused this country, and in a 
special message to Congress, President Hayes in 1880 declared 
that any canal connecting the two oceans would be ''virtually 
a part of the coast-line of the United States," and must be un- 
der American control. Unsuccessful efforts were made to se- 
cure a modification of the Clayton-Bulwer treaty so as to make 
it more favorable to the United States. Meanwhile, the French 
company proceeded with the construction of the canal, but, 
after the expenditure of a vast amount of money and the sacri- 
fice of thousands of lives through disease, the project ended in 
total failure. 

In 1901 a new treaty, the Hay-Pauncefote treaty, was nego- 
tiated with Great Britain, abrogating the Clayton-Bulwer 
treaty, and providing for the construction of a canal by the 
United States. A commission of American engineers reported 
in favor of a route through Nicaragua, and there was some 
prospect that this route would be adopted. In January, 1902, 
the French company offered its entire interests to the United 
States for $40,000,000. A treaty was signed with the Colom- 
bian representative at Washington by which the United States 
agreed to pay Colombia $10,000,000 in cash and an annuity 
of $250,000 for a lease of a strip of land six miles wide across 
the isthmus, Panama being a state of Colombia. This treaty 
was unanimously rejected by the Colombian senate, August 
12, 1903. In November, 1903, a revolution took place in Pana- 
ma, which declared itself independent. The revolutionists were 
supported by United States marines acting under orders from 
President Roosevelt. The republic of Panama was imme- 
diately recognized by the United States Government, which 
at once secured from the Panama Government the lease of a 
strip ten miles wide, known as the Canal Zone, for $10,000,000 
and an annual sum of $250,000. The French company's offer 
was accepted and its properties were acquired in 1904 for $40,- 
000,000. The Panama transaction resulted in strained rela- 
tions between Colombia and the United States, and in 1921 



TERRITORIES AND DEPENDENCIES 395 

the sum of $25,000,000 was paid by the United States to Co- 
lombia in satisfaction of its demands. 

The construction of the canal as a feat of engineering has 
excited the admiration of the workl. The total cost was $325,- 
201,000, exchisive of the $50,000,000 paid to the French com- 
pany and to Panama, and also of the expenditures for its de- 
fense. The canal was opened to navigation August 15, 1914. 
Scarcely less remarkal)le than the construction of the canal 
was the sanitation work of the Americans by which the isth- 
mus was transformed from a plague spot into one of the health- 
iest places in the world. The Panama Canal and Zone are 
governed by a governor appointed by the President and Senate 
for a term of four years, together with such other persons as 
the President may appoint. The government is, therefore, 
under the personal direction of the President. 

305. Cuba. — On April 20, 1898, Congress passed a joint 
resolution in which, after a preamble reciting the ''abhorrent 
conditions" that had existed in Cuba for three years, culminat- 
ing in the destruction of a United States battleship (the Maine) 
with 266 of its officers and crew in the harbor of Havana, de- 
clared the freedom and independence of the people of Cuba, 
demanded that Spain at once relinquish its authority and gov- 
ernment in the island and withdraw its land and naval forces 
therefrom, directed and empowered the President to use the 
entire land and naval forces of the United States, and the militia 
so far as necessary, to carry these resolutions into effect, and 
finally declared: "That the United States hereby disclaims 
any disposition or intention to exercise sovereignty, jurisdic- 
tion, or control over said island except for the pacification there- 
of, and asserts its determination, when that is accomplished, 
to leave the government and conti'ol of the island to its people." 
This joint resolution was followed on April 25, 1898, by a dec- 
laration that a state of war had existed since April 21, 1898, 
between the United States and Spain. 

The war was soon over. Spain relinquished all claim of sov- 
ereignty over and title to Cuba and on January 1, 1899, turned 
over the control of the island to General John H. Brooke, of the 



396 GOVERNMENT AND THE PEOPLE 

United States army, who had been appointed by the President 
as military governor of Cuba. Under the mihtary government 
the island was pacified, order restored, schools established, 
public works constructed, and Havana and other cities put in 
sanitary condition. Through the discovery by Major Walter 
Reed, an army surgeon, that yellow fever is transmitted by the 
bite of a mosquito, the remedy for this terrible scourge was 
found, and Havana was freed therefrom. 

In February, 1901, General Leonard Wood, then military 
governor, called a constitutional convention which adopted 
a constitution for the island, which did not, however, define 
the future relations of Cuba and the United States. A pro- 
vision covering this point was then added to the army appro- 
priation bill of March 2, 1901, known as the Piatt Amendment, 
the terms of which were added to the Cuban constitution and 
embodied in a treaty with the United States. Their effect is 
to establish a United States protectorate over the island. 

Cuba's first president, Tomas Estrada Palma, was inaugu- 
rated on May 20, 1902, and the government of the island was 
turned over to him, and the American army of occupation was 
withdrawn. Soon after his re-election in 1906 an insurrection 
broke out having for its object the overthrow of the govern- 
ment, this indicating that the people were not yet ready for 
self-government. The United States again assumed military 
control of the island, which was continued for about two years, 
the army being withdrawn and the government again turned 
over to the Cubans in January, 1909. Since then the Cubans 
have governed the island. 

306. Minor Insular Possessions. — The small island of 
Guam in the Pacific Ocean was acquired from Spain in 1898. 
Its area is 225 square miles, and its population 15,000. It is on 
the line of travel between the United States and the Philippine 
Islands, and is a station on the cable line from San Francisco 
to Manila, and is also an important coaling station. It is gov- 
erned by a United States naval officer, subject to laws passed 
by Congress. By treaty with Great Britain and Germany the 



TERRITORIES AND DEPEXDENCJIES 397 

United States in 1899 acquired the small islands of Tutuila 
and Manila in the Samoan group. These also arc governed 
by a naval officer. 

In 1917 the United States, by treaty, purchased from Den- 
mark for $25,000,000 the Danish West Indies, consisting of 
the islands of St. Croix, St. Thomas, and St. John, lying im- 
mediately to the east of Porto Rico. Bj'- act of March 3, 1917, 
the government of the islands was vested in a governor and 
such person or persons as the President may appoint, to be 
exercised in such manner as the President shall direct until 
Congress shall provide for the government of the islands. The 
population of these islands in 1917 was 26,051. 

Several small scattered islands in the Pacific, namely, Mid- 
way, Rowland, Baker, and Wake Islands, are claimed by the 
United States, and also certain islands known as the Guano 
Islands. It is provided by act of Congress that: "Whenever 
any citizen of the United States discovers a deposit of guano 
on any island, rock, or key, not within the lawful jurisdiction 
of an}^ other government, and not occupied by the citizens 
of any other government, and takes peaceable possession there- 
of and occupies the same, such island, rock, or key may, at the 
discretion of the President, be considered as appertaining to 
the United States." The uninhabited islands, of course, need 
no organized government. Some of the small islands in the 
Pacific are valuable as stations for the trans-Pacific cables, and 
possibly as bases for naval operations. 

Questions 

1. What provisions of the Constitution give Congress power to acquire 
and govern new territory? Do the guaranties in the Constitution apply 
to the inhabitants of territory acquired from other countries? 

2. Describe the government of Alaska; Hawaii; the Philippine Islands; 
Porto Rico. Are the inhabitants of these places citizens of the United 
States? 

3. What is the relation of the United States to Cuba? Are the people 
of Cuba a sovereign nation? 

4. Why are the Danish West Indies important to the United States? 
Also Guam and other small islands in the Pacific? 



CHAPTER XXXI 
NATIONAL DEFENSE 

307. Advantageous Defensive Position of the United States. 

— The problem of national defense is probably a simpler one for 
the United States than for any other great country. The geo- 
graphical position of the country is such as to make the danger 
of attack by a foreign power almost negligible, provided the 
people of this country remain united and make reasonable 
provision for defense.* 

It may be doubted whether the improvement in the means 
of transportation has greatly lessened the effectiveness of the 
ocean as a natural defense. Even with modern steamships 
the transportation of an army across the ocean is a matter 
of weeks, and if the steamship has shortened the trip across 
the sea, the railroad has made possible the quicker concen- 
tration of troops to meet invading forces. At the same time 
the telegraph, wireless, and airplane have made a surprise at- 
tack almost impossible, and the submarine and heavy coast 
artillery have immensely increased the difficulty of transport- 
ing and landing troops. Our isolation gives us security and 
the definiteness of our boundaries lessens the chance of trouble 
with other nations, for one of the most common causes of fric- 
tion between nations is the want of fixed and certain inter- 
national boundaries. 

Finally, not only is this country protected by its situation 
from attack, but it contains within itself almost everything 
in the way of natural resources needed for the comfortable 

* By agreement between Great Britain and the United States, the in- 
ternational boundary-Une between this country and Canada is unfortified. 
Yet for more than one hundred years there has been peace between the 
two nations. This three thousand miles of undefended frontier between 
two peace-loving peoples is a most impressive argument for disarmament. 
Would there have been peace with a fort every few miles and war-ships 
on the Lakes? 

398 



NATIONAL DEFENSE 399 

support, of its people. A blockade of England would bring 
that country to terms in a few months or weeks, but the United 
States could never be starved into submission. Our wealth of 
natural resources and territory leave us no motive for declar- 
ing a war of conquest upon any other nation, and our position 
and resources make conquest by another power almost out of 
the question. The people of the United States have nothing 
to fear from other nations so long as they remain united, at- 
tend to their own business, and are true to their present ideals 
of international justice. 

308. Constitutional Provisions for National Defense. — The 
military and naval defense of the United States is intrusted 
exclusively to the federal government, the states being ex- 
pressly prohibited by the Constitution from keeping troops 
or ships of war or engaging in war, ''unless actually invaded 
or in such imminent danger as will not admit of delay." About 
one-third of the legislative powers expressly granted to Con- 
gress in the Constitution relate to the making of war or the 
maintenance of order by military force. These powers include 
the declaring of war, raising and supporting armies, providing 
and maintaining a navy, organizing, arming, and disciplining 
the militia, and, in general, doing whatever is usual in pro- 
viding for and carrying on war. 

The war powers of Congress, like all of its powers, are de- 
rived solely from the Constitution. Great as these powers 
are, they are not without constitutional limitations. Some- 
times a notion seems to get out that the Constitution is fully 
operative only in times of peace, and that constitutional re- 
straints do not operate in war times, but that then Congi'ess 
has practically unlimited power. This is not true. In war 
as in peace the government of the United States can exist and 
function only under the Constitution. The Constitution is 
in no respect suspended by the existence of war, but every 
one of its guaranties remains unimpaired. 

The express constitutional restrictions upon the war powers 
are few, and are limited to some minor particulars, such as 



400 GOVERNMENT AND THE PEOPLE 

the limitation of appropriations for the support of the army 
to two years, and the provision of the Third Amendment re- 
lating to quartering of troops in private houses. The only 
general limitations upon the exercise of the war powers are 
those imposed by international law. In time of war the gov- 
ernment may lawfully do whatever is recognized by interna- 
tional law as permissible in order to prosecute the war with 
success. The ordinary life of the people may be regulated by 
Congress and the President as Commander-in-Chief of the army 
to an extent far beyond what would be constitutional in time 
of peace. This was exemplified on a large scale during the 
war with Germany, the federal government assuming control 
of the resources of the country to a great extent in order to win 
the war. 

309. The Power to Declare War. — No more serious ques- 
tion can be presented to the people of a country than the ques- 
tion whether they shall engage in war. Throughout the course 
of history the people have generally had little or no voice in the 
determination of this question. Wars have generally been waged 
at the will of the rulers, the people usually having no choice 
but to give their lives and fortunes to the service of their sover- 
eign. The framers of the Constitution have made this condi- 
tion impossible in the United States. The power to declare 
war is vested in Congress, composed of representatives of the 
people, more than four-fifths of whom are elected every two 
years, so that the body is keenly sensitive to the will of the 
electors. It is almost a political impossibility for the govern- 
ment to declare war against the wishes of the people. Few 
provisions of the Constitution show more wisdom than this; 
the branch of the government most responsible to the people 
has the sole power of declaring war. The President may so 
deal with foreign nations as to bring on war, but he has him- 
self no power to declare war.* 

* A declaration of war is a formal notice by one nation to another that 
it is about to wage war against that other. Such notices, while customary, 
are not always given, and war has been begun without notice. Congress 



NATIONAL DEFENSE 401 

310. The National Forces. — The national forces consist of 
the army, the navy, the marines, the mihtia when called into 
the service of the United States, and the professors and cadets 
of the United States Military and Naval Academies. It is a 
well-settled principle of public law that every citizen of a coim- 
try, capable of bearing arms and supporting the fatigues of 
war, is bound to render military service to his country when 
called upon to do so. This principle is embodied in an act of 
Congress which provides that: "All able-bodied citizens of the 
United States, and persons of foreign birth who shall have de- 
clared their intention to become citizens of the United States 
under and in pursuance of the laws thereof, between the ages 
of eighteen and forty-five years, are hereby declared to con- 
stitute the national forces, and, with such exceptions and under 
such conditions as may be prescribed by law, shall be liable 
to perform military duty in the service of the United States." 
The military duty here referred to includes duty at sea as well 
as on land, and in foreign lands as well as within the territory 
of the United States. 

In times of peace the national forces are easily recruited to 
the required strength l\y voluntary enlistments. But every 
citizen may be called upon to serve unless exempted for good 
cause. Conscription laws are common means of raising armies, 
and in some foreign countries it has been the practice to require 
every able-bodied man to render military service even in time 
of peace. While there has of late been some sentiment in this 
country in favor of universal compulsory military training, 
nothing of the sort has ever been tried. But conscription has 
been employed during war. In 1814 a conscription bill was 
introduced in Congress during the war with Great Britain, 
but peace was declared before the bill was enacted. During 
the Civil War both sides employed conscription. The federal 

declared war in 1812 against Great Britain, and in 1846 declared that a 
state of war existed with Mexico. The latter form of declaration was also 
employed against Spain in 1898, and against Germany and Austria in 1917. 
In the case of the Civil War there was no formal declaration by either side. 



402 GOVERNMENT AND THE PEOPLE 

act was defective in some important respects and was very- 
unpopular. In July, 1863, immediately after the battle of 
Gettysburg, it caused serious riots in New York City in which 
about 1,000 persons were killed. There were disturbances 
also in some other parts of the country. In 1917, soon after 
the United States entered the World War, Congress passed 
the Selective Draft Act, under which and its amendments 
the army and navy were mainly recruited. On the first regis- 
tration day, June 5, 1917, nearly 10,000,000 men between the 
ages of twenty-one and thirty years were registered in the 
United States. The act was in the main fair and was a great 
success. It was held constitutional by the Supreme Court. 

The government of the military establishment of the United 
States is entirely under the control of Congress, which is given 
power "to make rules for the government and regulation of 
the land and naval forces." Congress has passed a number of 
laws on the subject. There are numerous regulations for the 
government of the several branches of the service. Congress 
exercises its war powers in conjunction with the President, 
who, by the Constitution, is made Commander-in-Chief of the 
army and navy. Should he see fit to do so, the President has 
•power to take actual command of the forces, but no President 
has ever done this. No professional soldier has been President 
in time of war, and, besides, the civil duties of the President 
give him all he can do. 

311. The Army. — Congress is given power "to raise and 
support armies; but no appropriation of money to that use 
shall be for a longer term than two years." The limitation of 
appropriations is a reflection of the popular dread of standing 
armies at the time the Constitution was framed. It was known 
that a standing army cannot become a menace to liberty with- 
out support, and the surest way to hold it in check is to with- 
hold the "sinews of war." Congress has to make a new ap- 
propriation for the army every two years, and this gives it a 
chance to look into the military situation. Congress itself is 
elected every two years and thus the people can hold military 



NATIONAL DEFENSE 403 

appropriations in check. As a matter of custom army ;(ppi-o- 
priations are made annually. 

The favorable geographical situation of the United States 
has made a large standing army unnecessary. For a long time 
after the Civil War the regular army consisted of only 25,000 
men. By the act of 1916 the number was fixed at 175,000, 
but in 1921 it was reduced to 150,000. The organization of 
the army is quite elaborate. At the top is the General Staff 
Corps, organized under the act of 1903 and its amendments. 
This is composed of officers detailed from the army under such 
rules as may be prescribed by the president. Members of the 
staff serve for four j^ears unless sooner relieved. The Chief 
of Staff is a general of the line and takes precedence over 
all other officers of the army. The principal duties of the staff 
are to prepare plans for national defense and to look after mili- 
tary matters generally. 

312. The Navy. — As in the case of Great Britain, the "first 
line of defense" of the United States is its navy. So long as 
we have a strong navy there is little danger of invasion b}^ a 
foreign army and our own army need not be large. With our 
extended seacoast, and especially with our insular possessions, 
a powerful navy is a necessity until the great nations agree to 
restrict armaments. Congress is given power "to provide and 
maintain a navy," without limitation, as in the case of the 
army, as to appropriations. Our forefathers did not dread a 
navy. It could not, like the army, become an instrument of 
oppression. 

The cost of a navy is staggering and only a wealthy nation 
can afford to own even a small navy of modern fighting shijjs. 
No national problem of the times is more urgently demand- 
ing attention than the problem of disarmament. To say 
nothing of the fact that ships cost so much, there is no agree- 
ment among experts as to what kinds of ships should be built. 
Some claim that the airplane has rendered the battleship obso- 
lete, and others insist that our main reliance should be on bigger 
and bigger battleships. The answer is the limitation of arma- 



404 GOVERNMENT AND THE PEOPLE 

ments by internation-al agreement. In this a beginning was 
made by the Conference at Washington called by President 
Harding in 1921. 

The marine corps is a body of troops normally attached to 
the navy for service on board men-of-war or at naval stations. 
They are organized as soldiers and their officers are graded with 
army ranks. They are the fighting men, as distinguished from 
the crew, aboard ships of war. When detatched for regular 
land service they constitute a part of the army. 

313. The Militia. — The militia is a body of men taken 
from civil life and organized, equipped, and drilled as a mili- 
tary force, but not called into actual service except for prac- 
tice or in case of emergency to maintain order. They con- 
stitute a citizen-soldiery. The states are prohibited by the 
Constitution from keeping troops in time of peace without the 
consent of Congress, but all the states maintain an organiza- 
tion of militia. Until the militia is actually called into the 
service of the United States, it belongs to the state and is 
organized and governed under state authority, subject to the 
paramount power of Congress to legislate on the subject. The 
governor of the state is commander-in-chief of the state militia, 
and has authority to call it out in case of need to maintain 
order in the state. The militia is often called out to suppress 
disorder, as in times of strikes, threatened lynchings, conflagra- 
tions, and the like. Whenever local authorities feel unable to 
maintain order, they may call upon the governor to send com- 
panies of militia to their assistance. 

The Constitution grants to Congress the power "to provide 
for calling forth the militia to execute the laws of the Union, 
suppress insurrections, and repel invasions: to provide for 
organizing, arming, and disciplining the militia, and for gov- 
erning such part of them as may be employed in the service 
of the United States, reserving to the states, respectively, the 
appointment of the officers, and the authority of training the 
militia, according to the discipline prescribed by Congress." 
Congress has passed several laws under this authority. Since the 



NATIONAL DEFENSE 405 

militia may be callod out by the federal government only "to 
execute the laws of the Union, suppress insurrections, and 
repel invasion," it seems that it may l)e so called out only for 
service within the boundaries of the United States, for the 
occasion for such call can arise only therein. But this limita- 
tion does not apply to the services of the regular army. It may 
be sent anywhere. The power of Congress to raise and supi)ort 
armies is an entirely distinct power from the power to provide 
for calling forth the militia, though, of course, it may operate 
on the same individuals. The militia has been called into the 
national service several times, as in 1794 to suppress the 
whiskey insurrection in Pennsylvania, during the war of 1812 
to repel invasion, and during the Civil War. 

The importance of the militia is recognized in the Second 
Amendment, providing that: "A well-regulated militia being 
necessary to the security of a free state, the right of the people 
to keep and bear arms shall not be infringed." 

Questions 

1. State the natural advantages by which the United States is ren- 
dered almost unconquerable by a foreign enemy. What effect, if any, 
has the invention of steam transportation and the telegraph had upon 
the effectiveness of the ocean as a natural defense to this country? 

2. Enumerate the war powers of Congress under the Constitution. 

3. By whom is war declared"? Do you think it would be wise to give 
the President power to declare war? It has been proposed to amend the 
Constitution so as to require an affirmative vote by the people before war 
shall be declared. Would this be wise? 

4. Who are liable to military service in this country? May Congress 
compel citizens to serve in the army and navy? Are women subject to 
such conscription? 

5. What is the President's position in respect to the national forces? 
Has he constitutional power to command troops? 

6. Name the several branches of the national forces of the United 
States. What is the militia? May the militia be made to serve in other 
states than their home state? May they be used in foreign service? 



CHAPTER XXXII 
FOREIGN RELATIONS OF THE UNITED STATES 

314. Federal Control of Foreign Relations. — The foreign 
relations of the United States are exclusively in the control of 
the federal government. So far as foreign nations are con- 
cerned the United States is a unit and the several states are 
politically non-existent. In dealing with foreign governments 
the United States is represented in diplomatic matters by the 
President, or by the President and Senate, as in the appoint- 
ment and reception of diplomatic officers and in making treaties; 
while in some matters, as in declaring war, Congress acts as 
a whole. The states are expressly prohibited from entering 
into treaties with foreign nations. The foreign service of the 
United States consists of two branches: the diplomatic service 
and the consular service. Both are carried on by representa- 
tives of the United States in foreign countries, and foreign 
governments maintain similar representatives in this country. 

315. International Law. — In its relations with other nations 
the United States is governed by the principles of international 
law, which is the general body of rules which govern civilized 
nations in their dealings with each' other. International law 
is not law in the same sense as the law of any particular nation, 
for it is not made or enacted or enforced by any particular body 
or authority, that is, it has no definite sanction. Its sources 
are: (1) treaties between nations; (2) the decisions of inter- 
national tribunals so far as these have been established, . for 
example, the Hague Tribunal and the various commissions 
that have been appointed for settling international disputes; 
(3) the decisions of national courts, such as the Supreme Court 
of the United States or the judicial branch of the British House 
of Lords, especially in cases involving captures at sea; (4) the 
state papers and diplomatic correspondence of the various na- 

406 



FOREIGN RELATIONS OF THE UNITED STATES 407 

tions; (5) the instructions issued by the executive departments 
of the various governments; (6) the writings of publicists of 
international reputation, such as Hugo Grotius, the great Dutch 
jurist, whose book "On the Law of War and Peace" {De Jure 
Belli et Pads), pubhshed in 1625, laid the foundations of mod- 
ern international law; also, (7) the practices of the nations in 
dealing with each other in peace and war. As in England and 
in this country a common law has developed from custom, so 
there is an international common law. The law of war, for 
example, has grown mainly out of the practices of civilized 
nations in carrying on war. In so far as these practices are 
approved by the nations generally, they are incorporated into 
international law. 

International law is not enforced by any super-government 
or power, but each nation maintains its rights under it as best 
it can, resorting to war .or the threat of war when necessary. 
In recent years world public opinion has developed- into 
a powerful force in support of international law. No nation 
can afford to bring upon itself the contempt of the world by 
disregarding those principles which world opinion holds as 
properly binding in international relations. Even Germany 
felt called upon to justify herself before the world for her fla- 
grant outrages duiing the World War by offering various 
excuses or denials in her own defense. 

316. The United States and World Politics.— Notwith- 
standing the geographical isolation of this country, the United 
States has never pursued a pohcy of isolation in respect to for- 
eign affairs. Probably no other nation in modern times, except 
Great Britain, has exerted so much influence on world politics. 
To a great extent the political influence of the United States 
has been by example; only occasionally has it taken a hand 
directly in the affairs of other nations. The people of the 
United States established the first real democracy known to 
histoiy, with a government professedly deriving all its just 
powers from the consent of the governed, and dedicated to 
the proposition that all men are created equal and endowed 



408 GOVERNMENT AND THE PEOPLE 

by the Creator with the unahenable right to hfe, liberty, and 
the pursuit of happiness. The success of this novel experiment 
in government has inspired the peoples of other nations 
throughout the world wherever ideals of liberty are cherished. 
Wherever autocracy has been overthrown and democracy 
attempted, the example of the United States has been an in- 
spiration and its experience a guide. 

But the influence of the United States in world affairs has 
not been by example only. The American people, who by 
birth or ancestry are themselves of foreign origin, have always 
taken an interest in the people of other countries. No other 
nation has been so ready to respond to any call of need through- 
out the world. Sufferers by famine, oppression, or disaster 
have never appealed in vain to the people of this country for 
help. The people of Ireland, Russia, China, Armenia, and 
other countries have received money or supplies at various 
times'. Through the American Red Cross and other agencies 
immense sums of money were raised in this country for the 
relief of the war sufferers of Europe during the World War,- 
even before the United States entered the war. The govern- 
ment itself has sometimes sent relief, as when Congress in 1909 
appropriated $800,000 for the relief of the sufferers from the 
earthquake in Sicily, and in 1922 appropriated $20,000,000 for 
the starving Russians. 

Also in direct dealings the United States from the beginning 
has played its full part in international affairs. It has entered 
into many treaties with foreign governments. In 1778 Con- 
gress made a general commercial treaty with France, and also 
a treaty of alliance in which France agreed to aid the United 
States in the Revolutionary War and the United States guaran- 
teed to France her West Indian possessions. This, however, 
is the only treaty of alliance ever signed by the United States. 
Upon the outbreak of war in 1793 between Great Britain and 
France, President Washington issued a proclamation of neu- 
trality which laid the foundation for the modern standard of 
conduct of neutrals during war, and the United States fought 



FOREIGN RELATIONS OF THE UNITED STATES 409 

the War of 1812 as the foremost champion of the rights of neu- 
trals. In 1801-1804 and in 1812 the United States, in defense 
of American commerce, defeated the Barbary powers in the 
Mediterranean and stopped the levying of tribute. By its 
assertion of the Monroe Doctrine the United States contributed 
to the establishment of the republics of South and Central 
America without interference hy European powers. By the 
expedition of Commodore Matthew C. Perry to Japan in 1853 
the United States induced that nation to open its ports to Amer- 
ican commerce, and thus in the end to the commerce of the 
world. Nearly half a century later the United States Govern- 
ment took a firm stand for the territorial integrity of China 
and the maintenance of the "open door" policy for interna- 
tional trade with that country. In 1898 the United States 
went to war with Spain in the interest of the independence of 
Cuba. 

The United States has often taken part in international coun- 
cils and assemblies. In 1884 it sent a representative to the 
Congo conference at Berlin to determine the status of the 
Congo, and in 1906 the United States, by invitation, was rep- 
resented at the conference at Algeciras in Spain for the settle- 
ment of the conflicting claims of France and Germany in Mo- 
rocco. The United States also took a prominent part in the 
Hague Conferences .of 1899 and 1907, and has participated in 
various conferences with representatives of the Latin-Amer- 
ican republics. In 1921-1922 the Conference for the Limitation 
of Armaments, called by President Harding, was held at 
Washington. 

The above are but important instances of participation by 
the United States in international affairs. Others could be 
cited to show still further that this country has never main- 
tained a position of international isolation. Throughout its 
history, however, it has avoided 'permanent 'political alliances 
with foreign powers, against which this nation was warned by 
Washington in his Farewell Address as set forth in the next 
section. 



410 GOVERNMENT AND THE PEOPLE 

317. "Washington's Advice. — In his Farewell Address to the 
people of the United States, delivered upon his retirement 
from the presidency in 1797, Washington said: 

Observe good faith and justice toward all nations; cultivate peace 
and harmony with all. . . . The great rule of conduct for us in re- 
gard to foreign nations, is, in extending our commercial relations, to 
have with them as little political connection as possible. . . . Eu- 
rope has a set of primary interests which to us have none, or a very 
remote relation. Hence she must be engaged in frequent controversies, 
the causes of which are essentially foreign to our concerns. Hence, 
therefore, it must be unwise for us to implicate ourselves, by artificial 
ties, in the ordinary vicissitudes of her politics, or in the ordinary com- 
binations and collisions of her friendships. Our detached and distant 
situation invites and enables us to pursue a different course. . . . 
Why forego the advantages of so peculiar a situation? Why quit our 
own to stand on foreign ground? Why, by interweaving our destiny 
with that of any part of Europe, entangle our peace and prosperity 
in the toils of European ambition, rivalship, interest, humor, or ca- 
price ? It is our true policy to steer clear of permanent alliances with 
any portion of the foreign world. . . . Taking care always to keep 
ourselves, by suitable establishments, on a respectable defensive pos- 
ture, we may safely trust to temporary alliances for extraordinary 
emergencies. 

President Jefferson, in his first inaugural address, in 1801, 
expressed more briefly the same opinion. In enumerating 
what he deemed to be the ''essential principles of our govern- 
ment," he mentioned first: "Equal and exact justice to all men, 
of whatever state and persuasion, religious or political; peace, 
commerce, and honest friendship with all nations — entangling 
alliances with none." The government of the United States 
has always adhered to the policy laid down by Washington 
and reaffirmed by Jefferson. It will be seen that it was "per- 
manent alliances," and not ""temporary alliances for extraor- 
dinary emergencies," that Washington warned his country- 
men against. Only permanent political alliances are in danger 
of becoming the "entangling alliances," to use Jefferson's 
phrase, which Washington had in mind. 



P^OREIGN RELATIONS OF THE UNITED STATES 411 

318. The Monroe Doctrine. — The first great foreign policy 
of the United States, which has just been explained, is, in sub- 
stance, that the United States will not interfere in the affairs 
of European nations; the second great foreign policy, known 
as the Monroe Doctrine, is that European nations shall not 
interftn-e in American affairs. The Monroe Doctrine was an- 
nounced by President Monroe in 1823 in response to a move- 
ment of certain European nations to assert claims to sover- 
eignty in this hemisphere. During the period from 1810 to 
1823 most of the South American colonies of Spain had re- 
volted and won their independence, and their new governments 
had been recognized by the United States. Their indepen- 
dence was not recognized, however, by the European powers. 
Also Russia claimed the northwest coast of North America, 
this claim being disputed by both England and the United 
States. Upon the overthrow of Napoleon in 1815, the sover- 
eigns of Russia, Austria, and Prussia entered into the so-called 
Holy Alliance, which was afterward joined by other European 
powers, including France, but not Great Britain. 

In 1823 this alliance took under consideration the question 
of aiding Spain to recover her lost American colonies. Upon 
learning of this plan, the British foreign secretary, George Can- 
ning, proposed to the United States minister at London that 
the United States and Great Britain unite in a protest against 
European interference in American affairs, this being prac- 
tically the proposal of an alliance between the two countries. 
After carefully considering this proposal, the United States 
Government finally decided upon an independent declaration 
on the subject by the United States. President Monroe ac- 
cordingly embodied such a declaration in his message to Con- 
gress of December 2, 1823, thus first announcing what has 
since been known as the Monroe Doctrine. The passages con- 
taining this doctrine are as follows: 

The occasion has been judged proper for asserting, as a principle 
in which the rights and interests of the United States are involved, 
that the American continents, by the free and mdependent concHtion 



412 GOVERNMENT AND THE PEOPLE 

which they have assumed and maintain, are henceforth not to be con- 
sidered as subjects for future colonization by any European powers. . . . 
In the wars of the European powers in matters relating to themselves 
we have never taken anj^ part, nor does it comport with our policy 
to do so. It is only when our rights are invaded or seriously menaced 
that we resent injuries or make preparation for our defense. With 
the movements in this hemisphere we are of necessity more imme- 
diately connected, and by causes which must be obvious to all en- 
lightened and impartial observers. The political system of the allied 
powers is essentially different in this respect from that of America. 
This difference proceeds from that which exists in their respective 
governments; and to the defense of our own, which has been achieved 
by the loss of so much blood and treasure, and matured by the wis- 
dom of their most enlightened citizens, and under which we have 
enjoyed unexampled felicity, this whole nation is devoted. We owe 
it, therefore, to candor and to the amicable relations existing between 
the United States and those powers to declare that we should consider 
any attempt on their part to extend their sj^stem to any portion of 
this hemisphere as dangerous to our peace and safety. With the exist- 
ing colonies or dependencies of any European power we have not 
interfered and shall not interfere. But with the governments who 
have declared their independence and maintained it, and whose in- 
dependence we have, on great consideration and on just principles, 
acknowledged, we could not view any interposition for the purpose 
of oppressing them, or controlling in any other manner their destinj^, 
by any European power in any other light than as the manifestation 
of an unfriendly disposition toward the United States. 

President Monroe's declaration may be summed up in four 
propositions, as follows: 

1. That no part of America shall be subject to future coloni- 
zation by any European power. 

2. That it does not comport with the policy of the United 
States to take any part in the wars of the European powers in 
matters relating to themselves, and only when the rights of 
this country are invaded or seriously menaced will this nation 
make preparation for its own defense. 

3. That any attempt on the part of European nations to 
extend their system of government to an}^ portion of this hemi- 
sphere will be regarded as dangerous to the peace and safety 
of the United States. 



FOREIGN RELATIONS OF THE UNITED STATES 413 

4. That any interposition of any European power for the 
purpose of oppressing or controlling in any other manner the 
destiny of the other independent American countries will be 
viewed as the manifestation of an unfriendly disposition toward 
the United States. 

It will l)e seen that the second proposition is a reaffirmation 
of the policy laid down by Washington. The other three 
propositions constitute the Monroe Doctrine proper. This doc- 
trine is a policy of the United States alone, and does not con- 
stitute a contract or understanding with any other nation or 
nations, though it was approved by Great Britain and is thor- 
oughly understood by other powers as a policy that must be 
taken into account. It has been asserted and maintained by 
the United States upon its sole responsibility and with refer- 
ence to the interests, and especially the safety, of the United 
States alone. It is a policy of self-defen?e. The re-establish- 
ment in this hemisphere of a strong European power might 
become dangerous to the United States. The doctrine was not 
intended for the benefit of other American countries. Never- 
theless, it worked greatly to their advantage. There can be 
little doubt that but for this declared policy, some of the South 
and Central American countries would long since have been 
taken possession of by foreign powers. The Monroe Doc- 
trine is a doctrine of the executive department of the govern- 
ment, rather than of Congress, and its application may vary 
with different Presidents. 

319. Applications of the Monroe Doctrine. — The United 
States has always adhered to the Monroe Doctrine and for- 
eign governments have acquiesced in it. It has been applied 
in many cases. Thus in 1866 the French withdrew from 
Mexico in response to the insistence of the United States Gov- 
ernment under the Monroe Doctrine. In 1895, in his famous 
Venezuela message, President Cleveland insisted upon the 
ar])itration of the dispute between Venezuela and Great Britain 
as to the true boundary between Venezuela and British Guiana, 
and carried his point. 



414 GOVERNMENT AND THE PEOPLE 

In 1903 Great Britain, Germany, and Italy had united in a 
blockade of the Venezuelan coast in order to force the govern- 
ment of that country to pay certain debts it owed to their re- 
spective citizens, the claims being in dispute. Great Britain 
and Italy, through the mediation of the United States, agreed 
to arbitrate, but Germany refused. President Roosevelt then 
threatened to send a United States naval force to prevent ac- 
tion by the German navy, whereupon Germany yielded. This 
experience led to an extension of the principle of the Monroe 
Doctrine. In thus keeping foreign powers out of American 
affairs the United States almost necessarily becomes to some 
extent a guarantor that the other American republics will 
discharge their just obligations to foreign nations. In 1904 
President Roosevelt, in his message to Congress, said: "Any 
country whose people conduct themselves well can count on 
our hearty friendship. If a nation shows that it knows how 
to act with reasonable decency in social and political matters, 
if it keeps order and pays its obligations, it need fear no 
interference from the United States. Chronic wrong-doing, 
or an impotence which results in a general loosening of the 
ties of civilized society, may in America, as elsewhere, ulti- 
mately require intervention by some civilized nation, and in 
the Western hemisphere, the adherence of the United States 
to the Monroe Doctrine may force the United States, however 
reluctantly, in flagrant cases of such wrong-doing or impotence 
to the exercise of an international police power." 

This so-called ''Big Stick" policy has been resented in Latin- 
American countries, which have been more disposed to complain 
of a possible United States protectorate as a logical incident to 
the Monroe Doctrine than to acknowledge how much they owe 
to the protection of the doctrine itself. In recent years, in 
application of the principle announced by Mr. Roosevelt, the 
United States has assumed authority in San Domingo and 
Hayti. Taking into account its own possessions, its protec- 
torate over Cuba, and the necessity of occasional interference 
in the turbulent little states, to say nothing of Mexico, the 
United States may be said to have had a large influence upon 



FOREIGN RELATIONS OF THE UNITED STATES 415 

the foreign relations of the nominal republics encircling the 
Caribbean Sea. 

320. The Hague Conferences and Court. — In 1899, in re- 
sponse to an invitation from Nicholas II, Czar of Russia, rep- 
resentatives of the leading nations, including the United States, 
met at The Hague, in Holland, in an "International Peace 
Conference," having for its object the consideration of the 
problem of universal peace, especially with reference to the 
reduction of armaments and the prevention of war by diplo- 
macy. The conference adopted three "conventions," the first 
relating to the establishment of an international court for the 
peaceful settlement of international disputes, the second re- 
lating to the laws of war on land, and the third relating to the 
laws of naval warfare, the purpose of the second and third con- 
ventions being to make more humane the practices of war. 

By the terms of the agreement each of the twenty-six powers 
which signed the convention appoints not more than four per- 
sons "of recognized competence in questions of international 
law, enjoying the highest moral reputation," to serve for six 
years as members of the court. They do not sit all the time at 
The Hague, but when two or more nations have a controversy 
to submit, they select arbitrators from among the members 
of the court and these try the case. The diplomatic repre- 
sentatives of the signatory powers at The Hague serve as a per- 
manent council of the court. The court sits at The Hague in 
a building known as the Temple of Peace donated by Andrew 
Carnegie. The oflficial name of the court is the "Permanent 
International Court of Arbitration," but it is popularly known 
as the Hague Tribunal or Court. 

The first case to come before the court was the case of the 
United States against Mexico in 1902, involving the disposi- 
tion of a trust fund known as the Pius Fund raised by the 
Jesuits in the seventeenth century for the conversion of the 
California Indians. The claims of the United States were up- 
held by the court. Thirteen cases were decided up to 1914. 
Resort to the Hague Tribunal is optional, but since the estab- 
lishment of the court many arbitration treaties binding the 



416 GOVERNMENT AND THE PEOPLE 

parties to submit to arbitration have been concluded between 
the various powers. A second Peace Conference met at The 
Hague in 1907 for further consideration of questions relating 
to the settlement of international disputes and the regulation 
of warfare.* 

321. Treaties. — A treaty is an agreement or compact be- 
tween two sovereign nations. By treaties the relations be- 
tween the two nations are adjusted, matters in dispute are 
settled, and the rights and privileges of citizens of the respec- 
tive nations in each other's territory are determined. The 
observance of treaties cannot be compelled except by retaliatory 
measures, or even war, in case of breach. Their sanction is 
found in the good faith of the nations concerned, reinforced 
by international public opinion. 

The making of treaties is a very important and often a very 
delicate function. The consequences of unsatisfactory rela- 
tions between nations may be so serious that too much pains 
cannot be taken to put the power to make treaties in the most 
competent hands. 

The framers of the Constitution acted with great wisdom 
when they placed this high power in the hands of the Presi- 
dent and Senate. The Constitution provides that the Presi- 
dent "shall have power, by and with the advice and consent 
of the Senate, to make treaties, provided two-thirds of the 
senators present concur." Probably no provision in the Con- 
stitution has worked better than this. The Senate has occa- 
sionally rejected treaties submitted by the President, or in- 
sisted upon amendments, but their action in so doing has gen- 
erally afterward met with popular approval. f 

* In 1921 the nations composing the League of Nations established at 
The Hague a "Permanent Court of International Justice" for the settle- 
ment of international disputes. This court does not supersede the Hague 
Tribunal. The United States, not being a member of the League, is not 
a party to the new court. 

t The first Hay-Pauncefote treaty with Great Britain about the Panama 
Canal, submitted by Secretary of State John Hay in 1900, was rejected 
by the Senate to the great chagrin and disgust of Mr. Hay, whose feeling 



FOREICN RELATIONS OF THE UNITED STATES 417 

Treaties are negotiated by the President, usually through 
the secretary of state, and the diplomatic representatives of 
the other countries concerned. Sometimes special representa- 
tives are sent abroad for the purpose. The general control of 
the negotiations is, of course, in the hands of the President, 
and no treaty can be made without his approval. The Senate 
may approve or reject a treaty in the form in which it was sub- 
mitted, or may propose amendments, or may approve the treaty 
with reservations. Amendments or reservations must be ac- 
cepted by the President and the foreign power concerned, in 
order to become effective. If so approved, the treaty goes 
into effect as modified.* 

The House of Representatives has no part in the making 
of treaties, but its co-operation may be necessary to make a 
treaty effective, as where an appropriation is necessary. If 
Congress should fail or refuse to make the appropriation, the 
treaty would be defeated. So far Congress has never failed to 
make the required appropriation. 

322. The Diplomatic Service. — The United States main- 
tains diplomatic relations with practically every independent 
country in the world. Diplomatic intercourse is carried on 
either through permanent representatives stationed in the 
various foreign countries, or through special representatives 
sent abroad in connection with specific subjects of negotiation. 
Diplomatic correspondence and negotiations with foreign gov- 
ernments are conducted by the Department of State under 
the general direction of the President. 

The diplomatic service is now composed of thi-ee principal 

about the Senate on this account, became, we are told, "an obsession." 
When he submitted an amended treaty the next year it was almost unan- 
imously ratified. As pointed out by his biographer, the Senate "were 
wiser than he," and the later treaty was a much better treaty. — Thaj-er, 
"Life of John Hay." 

* In the case of The Hague treaties of 1900 and 1909 and the Algeciras 
treaty of 1906 a reservation was appended that nothing in these treaties 
should cause or imply any departure by the United States from its tradi- 
tional foreign policy. These reservations were accepted by the foreign 
powers concerned. 



418 GOVERNMENT AND THE PEOPLE 

grades of officers : ambassadors, ministers plenipotentiary, and 
ministers resident, who rank in the order named. The highest 
rank in the diplomatic service is that of ambassador, whose 
full title is '^ ambassador extraordinary and plenipotentiary." 
His official establishment is called an embassy, and connected 
with it are a number of secretaries and attaches. Embassies 
are maintained at the capitals of the principal nations. In de- 
termining whether the representative to a foreign country shall 
be an ambassador or one of lower rank, the main consideration, 
of course, is the importance of the country in question, but 
the standing of the appointee in the particular capital is also 
considered. In diplomatic circles the privileges of the repre- 
sentative are largely determined by his rank rather than by 
the importance of the country he represents, an ambassador 
from a small country ranking above a minister of a great power. 
Consequently, the United States, in order to maintain the 
dignity of its representatives, is obliged to consider what other 
countries have done in the matter. If, therefore, the rank of 
the representatives of other countries is that of ambassador, 
that of the United States representative at the same capital 
will ordinarily be the same. The salary of an ambassador, 
under the present law, is $17,500, without distinction. 

The second rank of representative is that of minister pleni- 
potentiary, or to give the full title, ''envoy extraordinary and 
minister plenipotentiary." Representatives of this rank are 
sent to most of the less important countries. Most of these 
receive a salary of $10,000, several, however, receiving $12,000. 
To several of the smaller countries are accredited "ministers 
7-esident," at a salary of $10,000. 

The duty of a diplomatic representative is to represent his 
government and country in the country to which he is ac- 
credited. He receives and transmits official communications; 
reports to the secretary of state any matters of a political, eco- 
nomic, financial, commercial, or other character that may be 
of interest relating to the country to which he is sent; looks 
after the interests of American citizens; and in general does 



FOREIGN RELATIONS OF THE UNITED STATES 419 

what ho can to serve his country and ^ovornment. An im- 
portant function of a cUploniat is to foster friendly relations 
between the two governments and peoples. The proper per- 
formance of these duties requires a high order of ability and 
tact, to which some of our representatives have added to great 
advantage social and literary accomplishments. The actual 
negotiation of treaties and other agreements is now much less 
in the hands of the representative than formerly, owing to the 
establishment of direct and immediate communication with 
the home government through the cable service. 

Diplomatic officers of foreign powers are exempt from all 
local jurisdiction, both civil and criminal. They cannot law- 
fully be served with process nor sued, without their consent, 
nor arrested for crime. This exemption extends not only to 
diplomatic officers themselves, but also to their attaches, secre- 
taries, servants, and members of their households generally, 
and also to their dwellings and personal property and effects. 
By what is known as the principle of extraterritoriality, the 
residence of a foreign representative is considered as being a 
portion of the territory of his home count rj^, and therefore not 
subject to local laws. 

323. Appointment, Reception, Dismissal, and Recall of 
Representatives. — The President nominates, and by and with 
the advice and consent of the Senate, appoints, ambassadors, 
other public ministers, and consuls. He may also, on his own 
account, send special diplomatic representatives abroad in 
connection with particular subjects of negotiation. These 
are his personal representatives and are responsible to him 
alone. In selecting representatives to be sent to foreign coun- 
tries, the President will consider not only the general fitness 
of the individual, but also his personal acceptability to the 
government to which he is to be accredited. No government 
is bound to receive a person who is not acceptable (persona 
non grata) to it. Should a foreign government send or propose 
to send to Washington an unacceptable representative, the 
President will decline to receive him, and the foreign power 



420 GOVERNMENT AND THE PEOPLE 

will Mther send some one else or remain unrepresented. How- 
ever, such cases rarely occur. 

Upon his arrival at the capital in which he is to serve, a rep- 
resentative is formally received by the head of the government, 
presents his credentials, and is recognized as the representative 
of his government. By the Constitution it is made the duty 
of the President to ''receive ambassadors and other public 
ministers." Under this provision, as well as under his general 
power of control over the foreign relations of the United States, 
the President may not only receive or refuse to receive repre- 
sentatives of foreign governments, but he may also recognize or 
withhold recognition of such governments themselves. The reg- 
ular mode of recognizing the government of a country as its 
legal government is to receive its diplomatic representative. 
The President is thus given power to pass upon the indepen- 
dence of foreign states or the legality of foreign governments. It 
is often a matter of the greatest importance to a struggling gov- 
ernment to obtain the recognition of important foreign powers 
and thus obtain a legal standing among the nations. Thus 
the refusal of President Wilson to recognize Huerta in 1913 
as the president of Mexico was influential in his overthrow, 
while his recognition of Carranza doubtless helped to main- 
tain the latter in office. Similarly, if the Southern Confederacy 
could have obtained recognition by France and Great Britain, 
it might possibly have gotten credit and help abroad that would 
have enabled it to win its independence. 

The President may dismiss any foreign representative who 
for any reason has become unacceptable to him. In such a 
case the President may either ask the foreign government to 
withdraw its representative, or he may himself dismiss him. 
Several foreign representatives have been dismissed or their 
withdrawal asked for by the President, on account of inter- 
meddling with political affairs or other improper conduct. Ex- 
amples are: the French minister Genet in 1794; the British 
representatives, Sir John Crampton, in 1856, and Lord Sack- 
ville-West, in 1888; and the Austrian ambassador, Doctor 



FOREIGN RELATIONS OF THE UNITED STATES 421 

Dumba, in 1915. The President also has power to sever diplo- 
matic relations in case of disagreement between the two coun- 
tries, as when President Wilson dismissed Count Bernstorff, 
the German ambassadoi', in 1917, upon the announcement by- 
Germany of its campaign of unrestricted submarine warfare. 
The severance of diplomatic relations is a step short of a 
declaration of war; whether war follows or not depends largely 
upon the subsequent conduct of the offending power. The 
President, of course, has power to recall our own representatives 
abroad, as where President Wilson in 1913 recalled our am- 
bassador to Mexico because of his support of Huerta. 

324. The Consular Service.^A consular officer is primarily 
a commercial agent appointed by the government to reside in 
a seaport or other important town of a foreign country to look 
after the commercial interests of the country appointing him, 
and to some extent also the personal interests of his fellow coun- 
trymen. The consular establishment of the United States is 
created and regulated by statute. Under the Constitution, 
consuls, like ambassadors, are appointed by the President, by 
and with the advice and consent of the Senate. By statute 
the President is authorized to provide for the appointment of 
inferior consular officers in such manner and under such regu- 
lations as he shall deem proper. Under executive order eligibil- 
ity for appointments and promotions in the consular service 
are determined by examinations. Not infrequently consular 
powers are conferred upon citizens of the country in which 
the consular duties are to be performed; thus citizens of the 
United States sometimes serve in their home towns as consuls 
for foreign countries. But by a recent statute it is provided 
that every consul-general, consul, and, wherever practicable, 
every consular agent of the United States shall be an American 
citizen. A consular officer may serve only with the consent of 
the government of the countr3^ in which he is to serve. The 
consular system of the United States was reorganized in 1906. 
At present consular officers consist of consuls-general, consuls, 
vice-consuls, and consular assistants. The law provides for 



422 GOVERNMENT AND THE PEOPLE 

five inspectors of consulates, with the rank of consul-general 
at large. Every consular office is required to be inspected at 
least once in every two years. 

The powers and duties of consular officers are determined 
by treaty between the countries concerned and by the laws of 
the country they represent. In some countries, under the au- 
thority of treaties, United States consular officers exercise 
judicial authority in both civil and criminal matters over Amer- 
ican citizens. Such special consular courts are held in China, 
Persia, and some other countries. Consular officers exercise 
no diplomatic powers, unless specially authorized to do so when 
there is in the country no authorized diplomatic representa- 
tive of the United States. 

A consul may exercise his office as such only by virtue of an 
exequatur from the country to which he is accredited, that is, 
a written recognition of his appointment and permission to 
act as consul. The exequatur may be revoked if the officer is 
guilty of improper conduct. 

Questions 

1. Which government, state or federal, has charge of the foreign rela- 
tions of this country? 

2. What is international law? How is it enforced? Name some of 
its sources. May the rules of international law respecting war be made 
or changed during war? 

3. Mention some of the cases in which the United States has taken 
part in international affairs. 

4. What kind of alliances was it that Washington warned the people 
of this country against? Was the participation of the United States in 
the World War a departure from Washington's advice? Is Washington's 
advice appropriate for the United States to-day? 

5. What was the occasion upon which the Monroe Doctrine was an- 
nounced? State the several principles constituting the Monroe Doctrine 
and explain how the doctrine has contributed to the continued indepen- 
dence of the repubhcs of Central and South America. State how the doc- 
trine was extended by President Roosevelt. 

6. Give a brief account of the Hague Conferences and Court. 

7. How are treaties made? If the Senate disapproves of a treaty nego- 



FOREKJN RELATIONS OF THE UNITED STATES 423 

tiatcd by the President, what should it do ? May the Senate ratify a treaty 
with reservations? 

8. If a state law forbids the owning of real estate in the state by aliens, 
but a treaty with France provides that the citizens of each country may 
own real estate in the territory of the other, may a Frenchman own real 
estate in the state? 

9. Name the three grades of diplomatic officers. How are they ap- 
l)ointed? If France and Great Britain send ambassadors to Mexico, what 
should he the rank of the representative of the United States? What are 
the duties of diplomatic representatives? 

10. What are the duties of consular officers? 



OUTSTANDING PROBLEMS AND TOPICS 
FOR STUDY 

These problems and topics are designed to stimulate creative 
thinking and to develop in some measure a problem-solving 
attitude toward matters of government. The questions at the 
ond of each chapter were framed with the purpose of discover- 
ing what the students have memorized from the text and with 
the purpose of strengthening the student's understanding of 
the text, thus keeping clearly before him the principles and 
ideals of our government. 

Those questions raise new issues for discussion and research 
and call out new views. They are intended to encourage the 
student to form his opinions and judgments through observa- 
tion and experience rather than to accept without question 
inherited or traditional idealizations of others. 

The students will show a diversity of opinion as they attack 
these problems and that is precisely what we should wish. 
They are not living in a world already finished, in which civic 
life is static and settled; they are dealing with social institu- 
tions in a state of change. Let the students approach these 
problems with the realization that they are to be the citizens 
of to-morrow. 

CHAPTER I 

1. Outline the achievements of the people of the United States 
and characteristics of the institutions that have made ours a great 
nation. Do other nations excel us in any worth-while things? 

425 



426 OUTSTANDING PROBLEMS AND TOPICS FOR STUDY 

2. Does the individual exist for the state or the state for the 
individual? Discuss and give historical examples for each theory of 
the state. 

3. How would it be possible for a government to be nominally a 
democracy but in reality an oligarchy? How may a government 
which is a democracy in reality be either monarchical or republican 
in fo:m? 

4. Set down six governments, list the evidences you can find in 
various governments, of autocracy, of democracy, of communism, of 
socialism. 

5. Some one has said that the English Constitution is written in 
the hearts of the people, but that ours is written in documentary 
form simply for reference by our representatives or by the courts. Is 
there any truth in the statement? Are there any advantages under 
one not to be had under the other ? 

6. Does government by th^ numerical majority always bring the 
best results? Does the minority ever represent the best thought of 
the people which in the end becomes the best thought of the majority? 
Would it be possible to have representation according to the ratio 
which party groups bear to one another — proportional representation 
in fact, so that minorities defeated in elections would be represented? 
Would it be desirable? 

CHAPTER II 

1 Trace the development of liberty in England down to the 
adoption of the American Constitution. 

2. Discuss the principal compromises which were embodied in the 
Constitution and the results any of these compromises have had on 
later American history. 

3. Write a short theme setting forth the views of the leading states- 
men at the Constitutional Convention, indicating in particular our 
indebtedness to James Madison as the "Father of the Constitution" 
and Alexander Hamilton as the "Promoter of its adoption. ' 

4 Discuss the ideals and general principles of government em- 
bodied in the Constitution. Considering all the great changes in 
American life during the past hundred and thirty years, would you 
say that these ideals and principles are still fundamental in America 
to-day ? 

CHAPTER III 

1. Our Constitution has been called inflexible. In what sense is 
it inflexible? How have later amendments to it met the changing 



OUTSTANDING PROBLEMS AND TOPICS FOU STUDY 427 

coiulit (»in ill our social and industrial life? In what sense then have 
we a changing Constitution? 

2. Should the Constitution ever embody social legislation as well 
as the perm-^nent principles which are fundamental? 

3. For your own use in the course make an outline of the Consti- 
tution which will show the articles or sections which have to do (1) 
with the choosing of the law-making body, the chief executive, and 
the Supreme Court judges; (2) with the powers of the three branches 
over the affairs of the people; (3) with the limitations imposed on 
the state or national government; (4) with the manner by which the 
Constitution itself may be amended. 

4. Select the provisions of the amendments to the Constitution 
which constitute a bill of rights safeguarding certain liberties against 
legislation by either the state or federal government. List the liber- 
ties safeguarded. Discuss the wisdom of having these rights so pro- 
tected by supreme fundamental law. 

CHAPTER IV 

1. Note the age requirements in the Constitution for senator, rep- 
resentative, and President. How old are some of the congressmen 
you know? Why are there so few young men in Congress? The 
average age of the framers of the Constitution was about forty-three. 
Hamilton and Madison, the most active, were thirty and thrity-six, 
respectively. Dayton was twenty-seven. Discuss the implications of 
this fact. 

'^. What advantages are there in having two houses of Congress? 
Wliat disadvantages? 

3. Before the Civil War it was not uncommon for a senator to 
resign to become the governor of his state. The opposite practice 
now prevails. How do you account for this change? 

4. Why may a senator have more power than a representative? 
What seems to be the general opinion as to the results of the present 
method of electing United States senators? 

5. Many organizations in recent years have established publicity 
bureaus at Washington. Why do they choose Washington as a place 
for these bureaus? What is your attitude toward organizations 
attempting to influence public opinion? 

6. Should a congressman represent primarily the interests of his 
locality or of the whole country? Should he represent special inter- 
ests or the people at large? Should he stand for the principles of 
government as he understands them or for those which his constitu- 
euts demand? 



428 OUTSTANDING PROBLEMS AND TOPICS FOR STUDY 



CHAPTER V 

1. "The President of the United States rules but does not reign; 
the King of England reigns but does not rule; the President of France 
neither rules nor reigns." Explain this quotation. 

2. Bryce in his "American Commonwealth" has a chapter, "Why- 
Great Men Are not Elected Presidents of the United States." Debate 
this. 

3. The Cabinet is the President's political family. It is a v/ell- 
recognized principle in practice that the Cabinet is not only of the 
same party as the President but of the same faction of the party. What 
would be some of the advantages to the people if the candidates for 
President should announce their cabinets before the election? 

4. What should be the relation between the Cabinet officers and 
the President? Should a member of the Cabinet resign if he fails to 
agree with the President? What has been customary? 

CHAPTER VI 

1. If the Executive Branch of our government were responsible 
to the majority party in Congress, we should have the Ministry Sys- 
tem as in England. How would this accord with our whole plan of 
government ? 

2. On the other hand, what would be the advantages of a presi- 
dential Cabinet directly responsible to the people as is usually the case 
in Executive Departments of the States? What occurs when the 
President and the majority of Congress are not of the same party? 

3. Outline the leading bureaus in each Executive Department. 
Do you find any reasons for the reorganization of these departments ? 

4. Debate the advantages and disadvantages of the "Spoils Sj^s- 
tem." 

CHAPTER VII 

1. The Supreme Court of the United States is the court of last 
resort. What is meant by this? Why has this court the respect of 
our people? Give the names of some of the men who have been justices 
of the Supreme Court. 

2. Review the powers of the federal courts. They are sometimes 
criticised for substituting injunction for legislation. What does this 
mean ? 

3. Why does it take so long to obtain action in the United States 
courts? What is the difference between law and justice? May dila- 



OUTSTANDING PROBLEMS AND TOPICS FOR STUDY 429 

tory action tend to bring about injustice? If it is possible, visit a local 
court and observe its operation. 

CHAPTER VIII 

1. What are some of the dangers of over-centralization? 

2. The states retain all powers not delegated to the federal govern- 
ment or prohibited them by the Constitution. To what extent has 
your state failed to take advantage of these residual powers? 

3. In a country as large as ours why must there be ample provision 
left for each state to meet its own problems? 

CHAPTER IX 

1. To what extent does the criticism of state governments in this 
chapter apply to the national government as described in the pre- 
ceding chapters? 

2. To what extent should there be uniformity in the social legis- 
lation of the states? i.e., divorces, child labor, minimum wage, etc. 

3. When Arizona petitioned Congress for entrance into the Union 
as a state President Taft opposed the petition on the ground that 
the proposed State Constitution was not constitutional because it 
contained provisions for the initiative, referendum, and recall. Ari- 
zona struck these provisions from the Constitution and was duly ad- 
mitted. Shortly thereafter, these same provisions were written into 
the Constitution by the state. What does this indicate as to the power 
of the national government over the form of the state government, 
after the state has been admitted? 



CHAPTER X 

1. Who is the governor of your state? Of each of your neighbor- 
ing states? Compare their salaries, lengths of term and political af- 
filiations. 

2. What is the House of Governors? Who called the first Con- 
ference of Governors? What is its purpose? 

CHAPTER XI 

1. Compare State Courts with National Courts (1) in length of 
service and remuneration of the judges, and (2) in the esteem with 
which the courts are held by the people. 

2. How is it determined which court should try a specific case? 



430 OUTSTANDING PROBLEMS AND TOPICS FOR STUDY 

3. Should judges of the state courts be elected by the people or 
should they be appointed? In which case would they be more likely 
to be independent of fluctuating public opinion and of special inter- 
ests? 

CHAPTER XII 

1. Make a complete outline of your city government. In what 
respects does it resemble the organization of the national government? 
Of a business organization? 

2. Discuss the merits of the Mayor-Council plan of city govern- 
ment, the Commission Form, and the City Manager plan. 

3. To what extent is the modern city a corporation? To what 
extent is it a state? 

4. Classify cities in your state (cities, towns, and villages, or cities 
of first, second, or third class). 

5. It has been suggested that the mayor or manager of a city should 
be a trained official and not necessarily a resident of the city. What 
would be the advantages of this plan? 



CHAPTER XIII 

1. In a large American city the sheriff of the county arrested the 
police who were participating in election frauds. Why would the 
police power of the state support the sheriff rather than the chief of 
police in the city? 

2. Cite instances of a conflict, if any, between the officials of your 
county and the officials of your city. 

3. How do the political parties overcome the conflict of authority 
in county and city? 

CHAPTER XIV 

1. List the ten leading cities in the United States and compare 
them as to area, population, surroundings, and form of government. 
Do you discover any features in common? Any that are vastly dif- 
ferent ? 

2. A city is a corporation largely organized for business. In what 
specific ways is the city government the most important to you ? 

3. What are the chief enterprises of your city? 

4. What organizations interest themselves in the government of 
your city? Why should they? Why should you? 



OUTSTANDING PROBLEMS AND TOPICS FOR STUDY 431 



CHAPTER XV 

1. Many people say "What does it profit a man if he gain religious, 
political, and personal liberty {i. e., liberty of body), and have not 
the economic ind pendence to enjoy these liberties?" Discuss this 

2. Make a list of all the rights to which you feel entitled. Com- 
pare your list with those of your classmates. 

3. Compare these with the list in the Declaration of Independence 
and first ten amendments to the Constitution. 

4. How do these rights relate themselves to the duties of life (your 
rights become my duties and vice versa) ? 

5. Discuss the proposition, "All men are equal." 

CHAPTER XVI 

1. How many people were naturalized at the last session of your 
local court? To what extent were these tests inadequate to prove 
their future value to America? How were they initiated into their 
American citizenship? 

2. Is good citizenship a matter not only of knowing our political 
theories, but also a matter of personal conduct? Discuss this. 

CHAPTER XVII 

1. Trace the growth of the privilege of voting from colonial days, 
when religious or property qualifications prevailed, to the present. 
Why were women kept so long without the right of suffrage? What 
other changes have come about in the last half century in respect to 
women's participation in the varied activities of American life? 

2. Has a minority any right (except in Bill of Rights) or function 
except to try to become the majority? 

3. The validity of majority rule lies in its practicality, even though 
certain minority groups may not be represented. Can you think ol 
a plan by which the minority groups can have representation? 

4. Analyze the ancient expressions, vox popvli, vox dei. Cite in- 
stances in which public opinion, as expressed, has proved contrary 
to public welfare. 

CHAPTER XVIII 

1. Why should every man or woman be a member of some politi- 
cal party? 



432 OUTSTANDING PROBLEMS AND TOPICS FOR STUDY 

2. On what principle should he or she vote independently of 
party ? 

3. Should the list of contributors to campaign funds be published 
before election? 

4. Discuss the political boss. Would the election of a political 
boss to a public office affect his position ? 

5. Analyze the statement: There is too much invisible government 
in the United States. 

6. Why are special interests more effective than the public at large 
in party control? 

CHAPTER XIX 

1. Do such measures as the initiative, referendum, and recall cor- 
rect the mistakes in a representative democracy, which are due to 
inherent weaknesses in the system? To what extent are these mea- 
sures realizing their purpose? 

2. It is becoming increasingly difficult to get able men to run for 
office. Why is this? How do these "progressive" measures affect 
the problem of securing able men to run for office? 

3. Make a list of recent inventions. How have they broken down 
the self-centred localities of half a century ago and made us members 
of an extensive society? How have various new social and economic 
interests extensive in range tended to make us less thoughtful of our 
local political duties? What dangers are there in this? 

4. How does the frequency of elections provided by these " progres- 
sive" measures affect the voters? Why is there an increasingly large 
number of people who do not vote? 



CHAPTER XX 

1. List the aims of government as stated in the Preamble to the 
Constitution. List opposite each what has been done to realize these 
aims. 

2. James J. Hill is quoted as having said that if the legislation of 
Congress and of all the state legislatures were unchanged for ten 
years, we should see such prosperity as to astound the world. How 
is business efficiency affected by ever-changing regulatory legislation ? 
What should be the limitations of government legislation? 

3. Make a list of recent legislative acts that tend to subordinate 
the freedom of the individual to the public welfare, as understood by 
the promoters of such acts. How do you account for this growing 
tendency to control individual action ? 



OUTSTANDING PROBLEMS AND TOPIC'S FOR STUDY 433 

4. All laws should he obeyed. What is necessary if a law is to 
be obeyed? 

CHAPTER XXI 

1. Unrest, sometimes revolution, is caused by high taxes. To 
what extent is the increasing rate of taxation, local, state, and national, 
in the United States a danger threatening our government? 

2. A large proportion of our wealth consists of investments in 
non-taxable securities. Is this a good thing? How does it affect 
taxes ? 

3. List the ways in which our government raises its income. Which 
of thes3 seem to have the greater advantage? 

4. What plans are being proposed for economy in public expen.ses? 
Why does extravagance in running the government characterize 
democracies ? 

5. Some advocate that all taxes should be raised from a land tax. 
Examine this proposal to ascertain its elements of strength and weak- 
ness. 

CHAPTER XXII 

1. Primitive people bartered, or traded articles they did not want, 
or that they had a surplus of, for other articles. Explain why as civ- 
ilization progressed money as a medium of exchange came into use. 

2. How did the division of labor and the rise of commerce increase 
the use of money? 

3. Relate how in this country we came to adopt a gold standard. 
Under what conditions would a bi-metallic system work ? 

4. When it takes forty dollars to buy what we could obtain before 
for twenty dollars, why do we say money is cheaper? 

5. Several nations have, since the World War, a currency much 
depreciated, or almost worthless. How has that come about? 

6. Suppose our government should issue paper money far beyond 
its power to redeem in gold. What would occur? Who profits by a 
depreciated currency that is made legal tender by the government — ■ 
the creditors, or the debtors? 

7. Explain how banks made it possible to do the larger part of our 
business without the actual money changing hands. How may one 
engage in various business transactions and not carry money with 
him? How does one start an account at a bank without depositing 
currency? 

8. In fact, with a highly perfected banking system, operating 
through clearing-houses, do we need to have large amounts of money 
in definite form ? 



434 OUTSTANDING PROBLEMS AND TOPICS FOR STUDY 

9. What substitutes for money have been proposed? Discuss the 
advantages and disadvantages respectively of these propositions? 

CHAPTER XXIII 

1 . Carlyle once declared that when the printing-press was invented 
democracy was inevitable. Discuss how cheap printing put the con- 
trol of pub ic opinion into effect in government. 

2. It is not so much the quantity of popular government that counts 
as its quality. Since public opinion so largely determines the quality 
of government, what can be done to make opinion more intelligent 
and more discriminating? 

3. Do we think for ourselves? Do we suspend judgment till we 
weigh the evidence? Whose beliefs do we accept? Do we say we 
agree with people to please them, or through fear of them, or through 
pride in being classed as one of them? Can an honest and permanent 
belief be established that way? Is it better to try to strengthen the 
beliefs we have inherited, or to discover some way of getting rid of 
them? 

4. Who is likely to be the most intelligent voter in a democracy, 
one who uncritically accepts opinions ready-made for him, or one who 
critically examines opinions in the light of the facts? What, then, 
beyond making schools available to all is the further function of edu- 
cation in a democracy? 

5. One meaning of democracy in America is best expressed in the 
words, "equality of opportunity." We strive to maintain equality 
of rights and of opportunities and to give every one a chance to achieve 
to the limit of his capacity irrespective of class. How are our public 
schools, including the higher institutions, in accord with this ideal? 

CHAPTER XXIV 

1. As economic life develops beyond the self-sufficient local com- 
munity, how does transportation assume increasing importance? 

2. Labor-saving machinery has enabled man to produce far in 
excess of the demand. What then are some of the problems of the 
producer ? 

3. With certain parts of the country and certain regions of the 
world not producing enough goods of different kinds to supply their 
needs, why is the problem of distribution economically the most im- 
portant? Why is the nation more concerned over a railroad strike 
than over any other strike? 

4. Trace a box of oranges from a local fruit-grower in southern 



OUTSTAXDIXC PROBLEMS AND TOPICS FOR STUDY 435 

California to tine consumer in a distant town or city. Ascertain ap- 
proximately the price which the grcnver received for the whole box 
and the price you would have to pay for it. Apply a similar comparison 
to several other articles of common use. How many separate middlo 
men derive a profit? How much of the retail price goes to the pro- 
ducer and how much goes for transportation? 

5. Discuss the cold-storage services which middlemen render. Why 
do people demand foods which are out of season when such foods are 
luxuries and the ciuality not so good? If ,ve all stopped eating articles 
when the price is exorbitant, what would occur? 



CHAPTER XXV 

1. Should production and consumption be regulated by such eco- 
nomic laws as supply and demand or by legislation? 

2. Some people think that the government has been given more 
functions than it can use effectively. They cite the effects which social 
and industrial legislation has had on the tax rates. What do you think 
about this? 

3. The public is interested in having a maximum production and 
low prices; the manufacturer is interested in that amount of produc- 
tion which will give him the highest net profit. Is there a solution 
to this conflict of interest? 

4. A living wage co\^ers the minimum necessities of life. What 
constitutes a satisfactory saving wage? How does the increasing of 
wages affect wants? How do wants affect willingness to work? How 
does standard of living (things one is accustomed to having) affect 
what man considers a living wage or income? One writer maintains 
human desires are in continual conflict with the realities of life, for, 
while wages increase in arithmetical progression, our wants increase 
in geometrical progression. What do you think about this? 

5. List the important provisions for protecting labor, for protect- 
ing capital, for protecting the public. Which of the.se three should 
take priority over the others? Which in reality is least protected? 
One well-known authority advocated the organization of the public 
for protection against all special interests. What events in recent 
years tend to justify such a policy? 

CHAPTER XXVI 

1. What rights may an individual claim against the demands of 
society ? 

2. "A man's home is his castle," is a statement from English com- 



436 OUTSTANDING PROBLEMS AND TOPICS FOR STUDY 

mon law. Are there any forms of modern social legislation which 
tend to abrogate this law? 

3. The state is chiefly concerned with securing the greatest good 
to the greatest number. How must this affect the state's actions 
toward certain individuals who seem to be against the general good? 
How do these individuals feel toward social regulation which directly 
affects them ? . 

4. To what extent do you think poverty is a curable social disease? 

5. What is the difference between vice and crime? 

6. What should be the state's attitude toward a criminal offender 
— retaliation, punishment, correction, or re-education? 

7. What may be said as to the merit of the indeterminate sen- 
tence? Of the prison as a school? Of the asylum as a hospital? 

8. What is being done in your state to make every individual safe 
for society ? 

CHAPTER XXVII 

1. Would you rather live in a large cit}^, a small city, or on the 
farm? Discuss the advantages and disadvantages of each. 

2. Discuss the foreign sections in larger cities in relation to the 
problem of .making citizens. 

3. Is there a housing problem in your city? Is anything being 
done to solve it? What percentage of the people in your city own 
their own homes? How does ownership of homes affect community 
life? 

4. In 1790 about 96 per cent of the people lived on farms. Phila- 
delphia was the largest city with a population of 31,000. To-day about 
one-half of the population lives in cities and towns. How do you ac- 
count for this concentration of population? What problems are raised 
by congestion of population in large cities? 

CHAPTER XXVIII 

1. What excellences does each foreign group in America manifest? 
What contribution has each group made that enriches American life? 

2. Edmund Burke said: "One cannot indict a whole nation or a 
race." Does the question of undesirability concern itself with races 
or with individuals ? 

3. Which races assimilate most readily? What are some of the 
barriers to assimilation? 

4. Is the United States under a moral obligation to continue the 
open door? 

5. "Westward Racial Movements Have Come to an End" was the 



OUTSTANDING PROBLEMS AND TOPICS FOR STUDY 437 

title of an article by a leading author in 1922. What do you think 
about this? 

CHAPTER XXIX 

1. List the products in which America leads the world. What 
are the advantages and disadvantages of an increasing accumulation 
of wealth? ' 

2. What has been the effect of undue accumulation of wealth on 
the character of the people? Are there any evidences that wealth 
and prosperity will affect us as they have affected other people? 

3. Discuss this statement: America is passing from the stage of 
exploitation to the stage of conservation of resources. 

CHAPTER XXX 

1. Show how we have grown from isolated colonies to our present 
boundaries. Indicate on the map the extent of each accession of 
territory and tell when and under what conditions the territory was 
acquired. 

2. What is the nature of the territory acquired since 1898? Are 
these new accessions of such a nature that they will ultimately be 
material for states? 

3. How have these extensions of territory into the Pacific and 
among the West Indies affected our traditional policy in respect to 
participation in world affairs? 

4. Why may we consider the Panama Canal a gift to civilization ? 

5. Why have the Latin-American countries questioned our appli- 
cation of the Monroe Doctrine? How have some of them construed 
our growing interests southward ? 

CHAPTER XXXI 

1. In the last national budget 93 per cent of the public funds 
was given to wars, past, present, and future. Discuss what might 
be done with this money, if nations would cease preparing for war. 

2. Can we in safety cease preparations for war so long as other 
nations maintain aggressive attitudes and maintain large navies and 
armies ? 

3. When you consider the destructive weapons of modern war- 
fare, do you think it possible that civilization may destroy itself if 
nations continue to wage war? Some say: "We have always had 
wars, and therefore always shall have wars." How can you refute 
such an argument? 



438 OUTSTANDING PROBLEMS AND TOPICS FOR STUDY 

4. What provisions are there for fighting other enemies of the 
country such as disease, iUiteracy, etc.? 

CHAPTER XXXII 

1. Outhne the arguments that were used against the Union pro- 
posed by the Constitutional Convention in 1787. How many of these 
arguments are used against the plan of an international association oi 
league with a constitution? 

2. If we consider the conditions of communication and transpor- 
tation in 1788, how far was Georgia or Massachusetts from Phila- 
delphia in terms of modern conditions? What were some of the 
practical difficulties then in a union of distant states? Do the same 
difficulties prevail in the world to-day? In what sense is Japan to- 
day nearer to the United States than Georgia was to Philadelphia a 
hundred years ago? What are the difficulties to be overcome in 
bringing about a world parliament for world affairs? 

3. Discuss the Monroe Doctrine with reference to the principle of 
government by consent of the governed. If the principle works for 
one-half the world, would it work for the whole world? 

4. In the final analysis, on what does America's world power de- 
pend? 



CONSTITUTION OF THE UNITED STATES 

We the people of the United States, in order to form a more perfect 
union, estabUsh justice, insure domestic tranquillity, provide for the 
common defense, promote the general welfare, and secure the blessings 
of liberty to ourselves and our posterity, do ordain and establish this 
Constitution for the United States of America. 

ARTICLE I 

Section 1. All legislative powers herein granted shall be vested in a 
Congress of the United States, which shall consist of a Senate and 
House of Representatives. 

Section 2. 1. The House of Representatives shall be composed 
of members chosen every second year by the people of the several 
States, and the electors in each State shall have the qualifications 
requisite for electors of the most nimierous branch of the State legis- 
lature. 

2. No person shall be a representative who shall not have attained 
to the age of twenty-five years, and been seven years a citizen of the 
United States, and who shall not, when elected, be an inhabitant of 
that State in which he shall be chosen. 

3. Representatives and direct taxes ^ shall be apportioned among 
the several States which may be included within this Union, according 
to their respective numbers, which shall be determined by adding to 
the whole number of free persons, including those bound to service for 
a term of years, and excluding Indians not taxed, three fifths of all 
other persons.^ The actual enumeration shall be made within three 
years after the first meeting of the Congress of the United States, and 
within every subsequent term of ten years, in such manner as they shall 
by law direct. The number of representatives shall not exceed one 
for every thirty thousand, but each State shall have at least one 
representative; and until such enumeration shall be made, the State 
of New Hampshire shall be entitled to choose three, Massachusetts 
eight, Rhode Island and Providence Plantations one, Connecticut five, 
New York six, New Jersey four, Pennsylvania eight, Delaware one, 
Maryland six, Virginia ten. North Carolina five. South Carolina five, 
and Georgia three. 

' Partly superseded by the 14th Amendment, p. 210. 
439 



440 CONSTITUTION OF THE UNITED STATES 

4. Wlien vacancies happen in the representation from any State, 
the executive authority thereof shall issue writs of election to fill such 
vacancies. 

5. The House of Representatives shall choose their speaker and 
other officers; and shall have the sole power of impeachment. 

Section 3. 1. The Senate of the United States shall be composed of 
two senators from each State, chosen by the legislature thereof, for 
six years; and each senator shall have one vote.^ 

2. Immediately after they shall be assembled in consequence of the 
first election, they shall be divided as equally as may be into three 
classes. The seats of the senators of the first class shall be vacated at 
the expiration of the second year, of the second class at the expiration 
of the fourth year, and of the third class at the expiration of the sixth 
year, so that one third may be chosen every second year; and if va- 
cancies happen by resignation, or otherwise, during the recess of the 
legislature of any State, the executive thereof may make temporary 
appointments until the next meeting of the legislature, which shall 
then fill such vacancies.^ 

3. No person shall be a senator who shall not have attained to the 
age of thirty years, and been nine years a citizen of the United States, 
and who shall not, when elected, be an inhabitant of that State for 
which he shall be chosen. 

4. The Vice President of the United States shall be President of the 
Senate, but shall have no vote, unless they be equally divided. 

5. The Senate shall choose their other officers, and also a president 
pro tempore, in the absence of the Vice President, or when he shall 
exercise the office of President of the United States. 

6. The Senate shall have the sole power to try all impeachments. 
When sitting for that purpose, they shall be on oath or affirmation. 
When the President of the United States is tried, the chief justice shall 
preside: and no person shall be convicted without the concurrence of 
two thirds of the members present. 

7. Judgment in cases of impeachment shall not extend further than 
to removal from office, and disqualification to hold and enjoy any office 
of honor, trust or profit under the United States : but the party con- 
victed shall nevertheless be hable and subject to indictment, trial, 
judgment and punishment, according to law. 

Section 4. 1. The times, places, and manner of holding elections 
for senators and representatives, shall be prescribed in each State by 
the legislature thereof; but the Congress may at any time by law make 
or alter such regulations, except as to the places of choosing senators. 

1 See the 17th Amendment, p. 211. 



CONSTITUTION OF THE UNITED STATES 441 

2. The Congress shall assemble at least once in every year, and such 
meeting shall be on the first Monday in December, unless they shall 
by law appoint a different day. 

Section 5. 1. Each House shall be the judge of the elections, 
returns and qualifications of its own members, and a majority of each 
shall constitute a quorum to do business; but a smaller number may 
adjourn from day to day, and may be authorized to compel the atten- 
dance of absent members, in such manner, and under such penalties 
as each House may provide. 

2. Each House may determine the rules of its proceedings, punish 
its members for disorderly behavior, and, with the concurrence of 
two thirds, expel a member. 

3. Each House shall keep a journal of its proceedings, and from 
time to time publish the same, excepting such parts as may in their 
judgment require secrecy; and the yeas and nays of the members of 
either House on any question shall, at the desire of one fifth of those 
present, be entered on the journal. 

4. Neither House, during the session of Congress, shall, without 
the consent of the other, adjourn for more than three days, nor to any 
other place than that in which the two Houses shall be sitting. 

Section 6. 1. The senators and representatives shall receive a 
compensation for their services, to be ascertained by law, and paid out 
of the Treasury of the United States. They shall in all cases, except 
treason, felony and breach of the peace, be privileged from arrest 
during their attendance at the session of their respective Houses, and 
in going to and returning from the same; and for any speech or debate 
in either House, they shall not be questioned in any other place. 

2. No senator or representative shall, during the time for which he 
was elected, be appointed to any civil office under the authority of the 
United States, which shall have been created, or the emoluments 
whereof shall have been increased during such time; and no person 
holding any office under the United States shall be a member of either 
House during his continuance in office. 

Section 7. 1. All bills for raising revenue shall originate in the 
House of Representatives; but the Senate may propose or concur 
with amendments as on other bills. 

2. Every bill which shall have passed the House of Representatives 
and the Senate, shall, before it become a law, be presented to the 
President of the United States; if he approve he shall sign it, but if 
not he shall return it, with his objections to that House in which it 
shall have originated, who shall enter the objections at large on their 
journal, and proceed to reconsider it. If after such reconsideration 
two thirds of that House shall agree to pass the bill, it shall be sent, 



442 CONSTITUTION OF THE UNITED STATES 

together with the objections, to the other House, by which it shall 
likewise be reconsidered, and if approved by two thirds of that House, 
it shall become a law. But in all such cases the votes of both Houses 
shall be determined by yeas and nays, and the names of the persons 
voting for and against the bill shall be entered on the journal of each 
House respectively. If any bill shall not be returned by the President 
within ten days (Sundays excepted) after it shall have been presented 
to him, the same shall be a law, in like manner as if he had signed it, 
unless the Congress by their adjournment prevent its return, in which 
case it shall not be a law. 

3. Every order, resolution, or vote to which the concurrence of the 
Senate and House of Representatives may be necessary (except on a 
question of adjournment) shall be presented to the President of the 
United States; and before the same shall take effect, shall be approved 
by him, or being disapproved by him, shall be repassed by two thirds 
of the Senate and House of Representatives, according to the rules 
and limitations prescribed in the case of a bill. 

Section 8. 1. The Congress shall have power to lay and collect 
taxes, duties, imposts and excises, to pay the debts and provide for 
the common defense and general welfare of the United States; but all 
duties, imposts and excises shall be uniform throughout the United 
States; 

2. To borrow money on the credit of the United States; 

3. To regulate commerce with foreign nations, and among the 
several States, and with the Indian tribes; 

4. To establish an uniform rule of naturalization, and uniform laws 
on the subject of bankruptaies throughout the United States; 

5. To coin money, regulate the value thereof, and of foreign coin, 
and fix the standard of weights and measures; 

6. To provide for the punishment of counterfeiting the securities 
and current coin of the United States; 

7. To establish post offices and post roads; 

8. To promote the progress of science and useful arts, by securing 
for Hmited times to authors and inventors the exclusive right to their 
respective writings and discoveries; 

9. To constitute tribunals inferior to the Supreme Court; 

10. To define and punish piracies and felonies committed on the 
high seas, and offenses against the law of nations; 

11. To declare war, grant letters of marque and reprisal, and make 
rules concerning captures on land and water; 

12. To raise and support armies, but no appropriation of money to 
that use shall be for a longer term than two years; 

13. To provide and maintain a navy; 



CONSTITUTION OF THE UNITED STATES 443 

14. To make rules for the government and regulation of the land 
and naval forces; 

15. To provide for calling forth the militia to execute the laws of 
the Union, suppress insurrections and rei)el invasions; 

16. To provide for organizing, arming, and disciplining the militia, 
and for governing such part of them as may be employed in the ser- 
vice of the United States, reserving to the States respectively the ap- 
pointment of the officers, and the authority of training the militia 
according to the discipline prescribed by Congress; 

17. To exercise exclusive legislation in all cases whatsoever, over 
such district (not exceeding ten miles square) as may, by cession of 
particular States, and the acceptance of Congress, become the seat of 
the government of the United States, and to exercise like authority 
over all places purchased by the consent of the legislature of the State 
in which the same shall be, for the erection of forts, magazines, arsenals, 
dockyards, and other needful buildings; and 

18. To make all laws which shall be necessary and proper for carry- 
ing into execution the foregoing powers, and all other powers vested 
by this Constitution in the government of the United States, or in 
any department or officer thereof. 

Section 9. 1. The migration or importation of such persons as 
any of the States now existing shall think proper to admit, shall not 
be prohibited by the Congress prior to the year one thousand eight 
hundred and eight, but a tax or duty may be imposed on such importa- 
tion, not exceeding ten dollars for each person. 

2. The privilege of the writ of habeas corpus shall not be suspended, 
unless when in cases of rebellion or invasion the public safety may 
require it. 

3. No bill of attainder or ex post facto law shall be passed. 

4. No capitation, or other direct, tax shall be laid, unless in propor- 
tion to the census or enumeration hereinbefore directed to be taken.* 

5. No tax or duty shall be laid on articles exported from any State. 

6. No preference shall be given by any regulation of commerce or 
revenue to the ports of one State over those of another: nor shall 
vessels bound to, or from, one State be obliged to enter, clear, or pay 
duties in another. 

7. No money shall be drawn from the treasury, but in consequence 
of appropriations made by law; and a regular statement and account of 
the receipts and expenditures of all public money shall be published 
from time to time. 

8. No title of nobility shall be granted by the United States: and 

* See the 16th Amendment, p. 211. 



444 CONSTITUTION OF THE UNITED STATES 

no i)erson holding any office of profit or trust under tiiem, shall, with- 
out the consent of the Congress, accept of any present, emolument, 
office, or title, of any kind whatever, from any king, prince, or foreign 
State. 

Section 10. 1. No State shall enter into any treaty, alliance, or 
confederation; grant letters of marque and reprisal; coin money; 
emit bills of credit; make anything but gold and silver coin a tender in 
payment of debts; pass any bill of attainder, ex post facto law, or law 
impairing the obligation of contracts, or grant any title of nobility. 

2. No State shall, without the consent of the Congress, lay any 
imposts or duties on imports or exports, except what may be ab- 
solutely necessary for executing its inspection laws: and the net 
produce of all duties and imposts laid by any State on imports or 
exports, shall be for the use of the treasury of the United States; and 
all such laws shall be subject to the revision and control of the Con- 
gress. 

3. No State shall, without the consent of Congress, lay any duty 
of tonnage, keep troops, or ships of war in time of peace, enter into 
any agreement or compact with another State, or with a foreign power, 
or engage in war, unless actually invaded, or in such imminent danger 
as will not admit of delay. 

ARTICLE II 

Section 1. 1. The executive power shall be vested in a President 
of the United States of America. He shall hold his office during the 
term of four years, and, together with the Vice President, chosen for 
the same term, be elected, as follows: 

2. Each State shall appoint, in such manner as the legislature 
thereof may direct, a number of electors, equal to the whole number of 
senators and representatives to which the State may be entitled in the 
Congress: but no senator or representative, or person holding an office 
of trust or profit under the United States, shall be appointed an elector. 

The electors shall meet in their respective States, and vote by ballot 
for two persons, of whom one at least shall not be an inhabitant of 
the same State with themselves. And they shall make a list of all 
the persons voted for, and of the number of votes for each; which list 
they shall sign and certify, and transmit sealed to the seat of the govern- 
ment of the United States, directed to the president of the Senate. 
The president of the Senate shall, in the presence of the Senate and 
House of Representatives, open all the certificates, and the votes 
shall then be counted. The person having the greatest number of 
votes shall be the President, if such number be a majority of the whole 
number of electors appointed; and if there be more than one who 



CONSTITUTION OF THE UNITED STATES 445 

have such majority, and have an equal number of votes, then the House 
of Representatives shall immediately choose by ballot one of them for 
President; and if no person have a majority, then from the five highest 
on the list the said House shall in like manner choose the President. 
But in choosing the President, the votes shall be taken by States, the 
representation from each State having one vote; a quorum for this 
purpose shall consist of a member or members from two thirds of the 
States, and a majority of all the States shall be necessary to a choice. 
In every case, after the choice of the President, the person having the 
greatest number of votes of the electors shall be the Vice President. 
But if there should remain two or more who have equal votes, the Senate 
shall choose from them by ballot the Vice President.^ 

3. The Congress may determine the time of choosing the electors, 
and the day on which they shall give their votes; which day shall be 
the same throughout the United States. 

4. No person except a natural born citizen, or a citizen of the 
United States, at the time of the adoption of this Constitution, shall 
be eligible to the office of President; neither shall any person be ehgible 
to that office who shall not have attained to the age of thirty-five years, 
and been fourteen years a resident within the United States. 

5. In case of the removal of the President from office, or of his death, 
resignation, or inability to discharge the powers and duties of the said 
office, the same shall devolve on the Vice President, and the Congress 
may by law provide for the case of removal, death, resignation, or 
inability, both of the President and Vice President, declaring what 
officer shall then act as President, and such officer shall act accordingly, 
until the disability be removed, or a President shall be elected. 

6. The President shall, at stated times, receive for his services a 
compensation, which shall neither be increased nor diminished during 
the period for which he shall have been elected, and he shall not receive 
within that period any other emolument from the United States, or 
any of them. 

7. Before he enter on the execution of his office, he shall take the 
following oath or affirmation: — "I do solemnly swear (or affirm) that 
I will faithfully execute the office of President of the United States, 
and will to the best of my ability, preserve, protect and defend the 
Constitution of the United States." 

Section 2. 1. The President shall be commander in chief of the 
army and navy of the United States, and of the militia of the several 
States, when called into the actual service of the United States; he 

1 This paragraph was in force only from 1788 to 1803. It was super- 
seded by the 12th Amendment, p. 209. 



446 CONSTITUTION OF THE UNITED STATES 

may require the opinion, in wi'iting, of the principal officer in each of 
the executive departments, upon any subject relating to the duties of 
their respective offices, and he shall have power to grant reprieves 
and pardons for offenses against the United States, except in cases of 
impeachment. 

2. He shall have power, by and with the advice and consent of the 
Senate, to make treaties, provided two thirds of the senators present 
concur; and he shall nominate, and by and with the advice and con- 
sent of the Senate, shall appoint ambassadors, other public ministers 
and consuls, judges of the Supreme Court, and all other officers of the 
United States, whose appointments are not herein otherwise provided 
for, and which shall be established by law; but the Congress may by 
law vest the appointment of such inferior officers, as they think 
proper, in the President alone, in the courts of law, or in the heads 
of departments. 

3. The President shall have power to fill up all vacancies that may 
happen during the recess of the Senate, by granting commissions which 
shall expire at the end of their next session. 

Section 3. He shall from time to time give to the Congress 
information of the state of the Union, and recommend to their con- 
sideration such measures as he shall judge necessary and expedient; 
he may, on extraordinary occasions, convene both Houses, or either 
of them, and in case of disagreement between them with respect to 
the time of adjournment, he may adjourn them to such time as he 
shall think proper; he shall receive ambassadors and other public 
ministers; he shall take care that the laws be faithfully executed, and 
shall commission all the officers of the United States. 

Section 4. The President, Vice President, and all civil officers of 
the United States, shall be removed from office on impeachment for, 
and conviction of, treason, bribery, or other high crimes and mis- 
demeanors. 

ARTICLE III 

Section 1. The judicial power of the United States shall be vested 
in one Supreme Court, and in such inferior courts as the Congress may 
from time to time ordain and establish. The judges, both of the 
Supreme and inferior courts, shall hold their offices during good be- 
havior, and shall, at stated times, receive for their services, a compen- 
sation, which shall not be diminished during their continuance in office. 

Section 2. 1. The judicial power shall extend to all cases, in law 
and equity, arising under this Constitution, the laws of the United 
States, and treaties made, or which shall be made, under their authority; 
— to all cases affecting ambassadors, other public ministers and con- 



CONSTITUTION OF THE UNITED STATES 447 

suls; — to all cases of admiralty and maritime jurisdiction; — to con- 
troversies to which the United States shall be a party; — to controversies 
between two or more States ; — between a State and citizens of another 
State ;^ — between citizens of different States, — between citizens of the 
same State claiming lands under grants of different States, and be- 
tween a State, or the citizens thereof, and foreign States, citizens or 
subjects. 

2. In all cases affecting ambassadors, other public ministers and 
consuls, and those in which a State shall be party, the Supreme Court 
shall have original jurisdiction. In all the other cases before men- 
tioned, the Supreme Court shall have appellate jurisdiction, both as 
to law and to fact, with such exceptions, and under such regulations 
as the Congress shall make. 

3. The trial of all crimes, except in cases of impeachment, shall be 
by jury; and such trial shall be held in the State where the said crimes 
shall have been committed ; but when not committed within any State, 
the trial shall be at such place or places as the Congress may by law 
have directed. 

Section 3. 1. Treason against the United States, shall consist 
only in levying war against them, or in adhering to their enemies, giv- 
ing them aid and comfort. No person shall be convicted of treason 
unless on the testimony of two witnesses to the same overt act, or on 
confession in open court. 

2. The Congress shall have power to declare the punishment of 
treason, but no attainder of treason shall work corruption of blood, or 
forfeiture except during the life of the person attainted. 

ARTICLE IV 

Section 1 . Full faith and credit shall be given in each State to the 
public acts, records, and judicial proceedings of every other State. 
And the Congress may by general laws prescribe the manner in which 
such acts, records and proceedings shall be proved, and the effect 
thereof. 

Section 2. 1. The citizens of each State shall be entitled to all 
privileges and immunities of citizens in the several States. 

2. A person charged in any State with treason, felony, or other crime, 
who shall flee from justice, and be found in another State, shall on 
demand of the executive authority of the State from which he fled, 
be delivered up to be removed to the State having jurisdiction of the 
crime. 

3. No person held to service or labor in one State, under the laws 

1 See the 11th Amendment, p. 208. 



448 CONSTITUTION OF THE UNITED STATES 

thereof, escaping into another, shall, in consequence of any law or 
regulation therein, be discharged from such service or labor, but shall 
be delivered up on claim of the party to whom such serivce or labor 
may be due. 

Section 3. 1. New States may be admitted by the Congress into 
this Union; but no new State shall be formed or erected within the 
jurisdiction of any other State; nor any State be formed by the junc- 
tion of two or more States, or parts of States, without the consent of 
the legislatures of the States concerned as well as of the Congress. 

2. The Congress shall have power to dispose of and make all needful 
rules and regulations respecting the territory or other property be- 
longing to the United States; and nothing in this Constitution shall 
be so construed as to prejudice any claims of the United States, or of 
any particular State. 

Section 4. The United States shall guarantee to every State in 
this Union a republican form of government, and shall protect each of 
them against invasion; and on application of the legislature, or of the 
executive (when the legislature cannot be convened) against domestic 
violence. 

ARTICLE V 

The Congress, whenever two thirds of both Houses shall deem it 
necessary, shall propose amendments to this Constitution, or, on the 
application of the legislatures of two thirds of the several States, shall 
call a convention for proposing amendments, which, in either case, 
shall be valid to all intents and purposes, as part of this Constitution 
when ratified by the legislatures of three fourths of the several States, 
or by conventions in three fourths thereof, as the one or the other 
mode of ratification may be proposed by the Congress; Provided that 
no amendment which may be made prior to the year one thousand eight 
hundred and eight shall in any manner affect the first and fourth clauses 
in the ninth section of the first article; and that no State, without its 
consent, shall be deprived of its equal suffrage in the Senate. 

ARTICLE VI 

1. All debts contracted and engagements entered into, before the 
adoption of this Constitution, shall be as valid against the United 
States under this Constitution, as under the Confederation. 

2. This Constitution, and the laws of the United States which shall 
be made in pursuance thereof; and all treaties made, or which shall be 
made, under the authority of the United States, shall be the supreme 
law of the land; and the Judges in every State shall be bound thereby, 



CONSTITUTION OF THE UNITED STATES 



449 



anything in the Constitution or laws of any State to the contrary 
notwithstanding. 

3. The senators and representatives before mentioned, and the 
members of the several State legislatures, and all executive and judicial 
officers, both of the United States and of the several States, shall be 
bound by oath or affirmation to support this Constitution; but no 
religious test shall ever be required as a qualification to any oflfice or 
public trust under the United States. 



ARTICLE VII 

The ratification of the conventions of nine States shall be sufficient 
for the establishment of this Constitution between the States so ratify- 
ing the same. 

Done in Convention by the unanimous consent of the States present 
the seventeenth day of September in the year of our Lord one thou- 
sand seven hundred and eighty-seven, and of the independence of 
the United States of America the twelfth. In witness whereof we 
have hereunto subscribed our names, 
George Washington, President and Deputy from Virginia. 



New Hampshire. — John Lang- 
don, Nicholas Oilman. 

Massachxiselts. — Nathaniel Gor- 
ham, Rufus King. 

Connecticut. — W m . Samuel 
Johnson, Roger Sherman. 

New York. — ^Alexander Hamil- 
ton. 

New Jersey. — ^William Living- 
ston, William Patterson, David 
Brearley, Jonathan Dayton. 

Pennsylvania . — Benjamin 
Franklin, Robert Morris, Thomas 
Fitzsimons, James Wilson, Thomas 
Mifflin, George Clymer, Jared In- 
gersoll, Gouverneur Morris. 



Delaware. — George Read, John 
Dickinson, Jacob Broom, Gunning 
Bedford, Jr., Richard Bassett. 

Maryland. — James McHenry, 
Daniel Carroll, Daniel of St. Tho. 
Jenifer. 

Virginia. — John Blair, James 
Madison, Jr. 

North Carolina . — William 
Blount, Hugh WilUamson, Rich- 
ard Dobbs Spaight. 

South Carolina. — John Rut- 
ledge, Charles Cotes worth Pinck- 
ney, Charles Pinckney, Pierce 
Butler. 

Georgia. — ^William Few, Abra- 
ham Baldwin. 



Attest, William Jackson, Secretary. 



450 CONSTITUTION OF THE UNITED STATES 

Articles in addition to, and amendment of, the Constitution of the 
United States of America, proposed by Congress, and ratified by the 
legislatures of the several States pursuant to the fifth article of the 
original Constitution. 

ARTICLE 1 1 

Congress shall make no law respecting an establishment of religion, 
or prohibiting the free exercise thereof; or abridging the freedom of 
speech, or of the press; or the right of the people peaceably to assemble, 
and to petition the government for a redress of grievances. 

ARTICLE II 

A well regulated inilitia, being necessary to the security of a free 
State the right of the people to keep and bear arms, shall not be in- 
fringed. 

ARTICLE III 

No soldier shall, in time of peace, be quartered in any house, without 
the consent of the owner, nor in time of war, but in a manner to be 
prescribed by law. 

ARTICLE IV 

The right of the people to be secure in their persons, houses, papers, 
and effects, against unreasonable searches and seizures, shall not be 
violated, and no warrants shall issue, but upon probable cause, sup- 
ported by oath or affirmation, and particularly describing the place 
to be searched, and the persons or things to be seized. 

ARTICLE V 

No person shall be held to answer for a capital, or otherwise in- 
famous crime, unless on a presentment or indictment of a grand jury, 
except in cases arising in the land or naval forces, or in the militia, 
when in actual service in time of war or public danger; nor shall any 
person be subject for the same offense to be twice put in jeopard}^ of 
life or limb; nor shall be compelled in any criminal case to be a wit- 
ness against himself, nor be deprived of life, liberty, or property, with- 
out due process of law; nor shall private property be taken for public 
use without just compensation. 

^ The first ten Amendments were adopted in 1791. 



CONSTITUTION OF THE UNITED STATES 451 



ARTICLE VI 

In all criminal prosecutions, the accused shall enjoy the right to a 
speedy and public trial, by an impartial jury of the State and district 
wherein the crime shall have been committed, which district shall have 
beep previously ascertained by law, and to be informed of the nature 
and cause of the accusation ; to be confronted with the witnesses against 
him ; to have compulsory process for obtaining witnesses in his favor, 
and to have the assistance of counsel for his defense. 



ARTICLE YII 

In suits at common law, where the value in controversy shall exceed 
twenty dollars, the right of trial by jury shall be preserved, and no fact 
tried by a jury shall be otherwise reexamined in any court of the United 
States, than according to the rules of the common law. 



ARTICLE VIII 

Excessive bail shall not be required, nor excessive fines imposed, nor 
cruel and unusual punishments inflicted. 

ARTICLE IX 

The enumeration in the Constitution of certain rights shall not be 
construed to deny or disparage others retained by the people. 



ARTICLE X 

The powers not delegated to the United States by the Constitu- 
tion, nor prohibited by it to the States, are reserved to the States 
respectively, or to the people. 



ARTICLE XI 1 

The judicial power of the United States shall not be construed to 
extend to any suit in law or equity, commenced or prosecuted against 
one of the United States by citizens of another State, or by citizens or 
subjects of any foreign State. 

1 Adopted in 1798. 



452 CONSTITUTION OF THE UNITED STATES 



ARTICLE XIII 

The electors shall meet in their respective States, and vote by ballot 
for President and Vice President, one of whom, at least, shall not be 
an inhabitant of the same State with themselves; they shall name in 
their ballots the person voted for as President, and in distinct ballots, 
the person voted for as Vice President, and they shall make distinct 
lists of all persons voted for as President and of all persons voted for 
as Vice President, and of the number of votes for each, which lists 
they shall sign and certify, and transmit sealed to the seat of the govern- 
ment of the United States, directed to the President of the Senate; — 
The President of the Senate shall, in presence of the Senate and 
House of Representatives, open all the certificates and the votes 
shall then be counted; — The person having the greatest number of 
votes for President, shall be the President, if such number be a ma- 
jority of the whole number of electors appointed; and if no person 
have such majority, then from the persons having the highest num- 
bers not exceeding three on the list of those voted for as President, 
the House of Representatives shall choose immediately, by ballot, the 
President. But in choosing the President, the votes shall be taken 
by States, the representation from each State having one vote; a 
quorum for this purpose shall consist of a member or members from 
two thirds of the States, and a majority of all the States shall be 
necessary to a choice. And if the House of Representatives shall not 
choose a President whenever the right of choice shall devolve upon 
them, before the fourth day of March next following, then the Vice 
President shall act as President, as in the case of the death or other 
constitutional disability of the President. The person having the 
greatest number of votes as Vice President shall be the Vice President, 
if such number be a majority of the whole number of electors appointed, 
and if no person have a majority, then from the two highest numbers 
on the list, the Senate shall choose the Vice President; a quorum for 
the purpose shall consist of two thirds of the whole number of Senators, 
and a majority of the whole number shall be necessary to a choice. 
But no person constitutionally ineligible to the office of President shall 
be eligible to that of Vice President of the United States. 

ARTICLE XIII 2 

Section 1. Neither slavery nor involuntary servitude, except as 
punishment for crime whereof the party shall have been duly convicted, 

1 Adopted in 1804. ^ Adopted in 1865. 



CONSTITUTION OF THE UNITED STATES 453 

shall exist within the United States, or any place subject to their juris- 
diction. 

2. Congress shall have power to enforce this article by appro- 
priate legislation. 

ARTICLE XIV 1 

1. All persons born or naturalized in the United States, and subject 
to the jurisdiction thereof, are citizens of the United States and of the 
State wherein they reside. No State shall make or enforce any law 
which shall abridge the privileges or immunities of citizens of the United 
States; nor shall any State deprive any person of life, liberty, or prop- 
erty, without due process of law; nor deny to any person within its 
jurisdiction the equal protection of the laws. 

2. Representatives shall be apportioned among the several States 
according to their respective numbers, counting the whole number of 
persons in each State, excluding Indians not taxed. But when the 
right to vote at any election for the choice of electors for President 
and Vice President of the United States, representatives in Congress, 
the executive and judicial officers of a State, or the members of the 
legislature thereof, is denied to any of the male inhabitants of such 
State, being twenty-one years of age, and citizens of the United States, 
or in any way abridged, except for participation in rebellion, or other 
crime, the basis of representation therein shall be reduced in the pro- 
portion which the number of such male citizens shall bear to the 
whole number of male citizens twenty-one years of age in such State. 

3. No person shall be a senator or representative in Congress, or 
elector of President and Vice President, or hold any office, civil or 
military, under the United States, or under any State, who, having 
previously taken an oath, as a member of Congress, or as an officer of 
the United States, or as a member of any State legislature, or as an 
executive or judicial officer of any State, to support the Constitution of 
the United States, shall have engaged in insurrection or rebelUon 
against the same, or given aid or comfort to the enemies thereof. But 
Congress may, by a vote of two thirds of each House, remove such 
disability. 

4. The validity of the public debt of the United States, authorized 
by law, including debts incurred for payment of pensions and bounties 
for services in suppressing insurrection or rebellion, shall not be ques- 
tioned. But neither the United States nor any State shall assume or 
pay any debt or obligation incurred in aid of insurrection or rebellion 
against the United States, or any claim for the loss or emancipation 

1 Adopted in 1868. 



454 CONSTirUTION OF THE UNITED STATES 

of any slave; but all such debts, obligations arid claims shall be held 
illegal and void. 

5. The Congress shall have power to enforce, by appropriate legis- 
lation, the provisions of this article. 

ARTICLE XV 1 

Section 1. The right of citizens of the United States to vote shall 
not be denied or abridged by the United States or by any State on 
account of race, color, or previous condition of servitude. 

Section 2. The Congress shall have power to enforce this article 
by appropriate legislation. 

ARTICLE XVI 2 

The Congress shall have power to lay and collect taxes on incomes, 
from whatever source derived, without apportionment among the 
several States, and without regard to any census or enumeration. 

ARTICLE XVII 3 

The Senate of the United States shall be composed of two senators 
from each State, elected by the people thereof, for six years ; and each 
senator shall have one vote. The electors in each State shall have the 
qualifications requisite for electors of the most numerous branch of the 
State legislature. 

When vacancies happen in the representation of any State in the 
♦Senate', the executive authority of such State shall issue writs of elec- 
tion to fill such vacancies : Provided, That the legislature of any State 
may empower the executive thereof to make temporary appointments 
until the people fill the vacancies by election as the legislature may 
direct. 

This amendment shall not be so construed as to affect the election 
or term of any senator chosen before it becomes valid as part of the 
Constitution. 

ARTICLE XVIII* 

1. After one year from the ratification of this article the manu- 
facture, sale, or transportation of intoxicating liquors within, the im- 

1 Adopted in 1870. 

2 Passed July, 1909; proclaimed February 25, 1913. 

3 Passed May, 1912, in lieu of paragraph one, Section 3, Article I, of the 
Constitution and so much of paragraph two of the same Section as relates 
to the filKng of vacancies; proclaimed May 31, 1913. 

* Passed January 16, 1919; proclaimed January 29, 1919. 



CONSTITUTION OF THE UNITED STATES 455 

portation thereof into, or the exportation thereof from the United 
States and all territory subject to the jurisdiction thereof for beverage 
purposes is hereby prohibited. 

2. The Congress and the several States shall have concurrent power 
to enforce this article by appropriate legislation. 

3. This article shall be inoperative unless it shall have been ratified 
as an amendment to the Constitution by the Legislatures of the several 
States, as provided in the Constitution, within seven years from the 
date of the submission hereof to the States by the Congress. 



ARTICLE XIX 1 

1. The rights of the citizens of the United States to vote shall not 
be denied or abridged by the United States, or by anj^ State, on 
account of sex. 

2. Congress shall have power, by appropriate legislation, to en- 
force the provisions of this article. 

' Declared in force August 26, 1920. 



INDEX 



Rcforeiicos are to pages 



Accidents, industrial, 302-305 

Admission of new states, power of Con- 
gress. Const., Art. IV, Sec. .S: promo- 
tion of nationality by, 24: by .joint 
resolution, 48; on equality with origi- 
nal states, 88 

Agriculture, Department of, 71, 381- 
383 

Agriculture, importance of, 381; in- 
struction in, 381-383 

Airplane, mail .service, 282 

Alaska. 389-390 

Alexandria conference, 16 

Aliens, naturalization of, 167-168; right 
to vote, 173; admission, exclusion, 
and control of, 361 

Alliances, 408, 409, 410 

Ambassadors and ministers, 418-421 

Amendment, of federal Constitution, 
27-28; of state constitutions, 97. 98 

American Federation of Labor. 290 

Anarchists, 209, 210 

Animal Industry, Bureau of, 71, 382 

Annapolis Convention, 16 

Anti-Trust laws, 273 

Appellate coiu-ts, 118 

Appointment of officers, federal, 61-62; 
state, 114 

Apportiorunent of Representatives, 41- 
42 

Appropriations, federal. 50 

Arbitration, in labor disputes, 295 

Aristocracy, defined, 5 

Armaments, I.iimltation of, Conference, 
409 

Arms, right to bear, 149, 405 

Army, the, 402-403 

Articles of Confederation, 15 

Assembly, right of, 149 

Associations, influence of. on public 
opinion, 20.5-206 

Attainder, Bills of, 160 

Attorney-general, of United States, 89 ; 
of state, 113 

Australian ballot, 179 

Bail, excessive, forbidden, 163 
Ballots, 179-180; long, examples. 195; 

short, 202-203 
Banking, 247-250; state regulation of. 

274 
Bankruptcy, 275 



Banks, of the United States. 244. 250; 
national, 250-251; state. 251 : Federal 
Reserve. 252-253; postal .savings, 
2.53; Federal Farm Loan, 25:{ 254 

Baths, public, 343 

Best form of government. 11 

Bible, reading in public schools. 258- 
259 

"Big Stick" policy, 414 

Bill of Rights, English, 9. 143: federal, 
143-164; in state constitutions. 96 

Bills, congres-sional, 47-50; of state leg- 
islature, 102-103 

Bills of Attainder, 160 

Bills of credit, 237 

Bimetallism, 238-239 

Black lists, 291, 294 

Blind, care of, 318 

Blue Sky laws, 274-275 

Bok, Edward, quoted, 355-357 

Bonds, federal, 231 

Borrowing money, by Congress, 230- 
231 

Boss, political, 177, 196 

Boycott, 291-294 

Bridges, municipal, 333 

British constitution, 9 

Bryce, Lord, quoted, 57, 124; 133-134 

Building regulations, 336, 343 

Cabinet, President's, 58-59 

Campaign, presidential, 57, 190 

Capital, defined, 285; relations of, with 
labor, 287-289 

Capitation tax, federal, 226; state, 233 

Caucus, party, 47, 175-176 

Census, Bureau of, 71 

Charter, of municipal corporation. 134; 
of private corporation, 270: is a con- 
tract, 156 

Child labor, 297-298 

Children's Bureau, 71 

Chinese, cannot become citizens. 107: 
in United States, 363, 391 

Circuit Courts of Appeals (federal). 81- 
82 

Circuits, judicial (federal), 79-80 

Cities, growth of, 132-133; problems of. 
325; opportunities of, 326-328 

Citizen, defined, 166; privileges and im- 
munities of, 169-170 



457 



458 



INDEX 



Citizenship, dual, in United States, 23, 
166 

City, making it attractive to live in, 355 

City council, 136-137 

City manager, 139-140 

City planning, 330-332 

Civil liberty, defined, 152 

Civil Service Commission, 73-75 

Civil service reform, 74 

Class legislation, 153-154 

Cleaning streets, 336 

Cleveland, Grover, quoted, 216-217 

Closed shop, 292 

Coal resources, 375-376 

Coast Guard, 68, 269 

Coinage, 237-244 

Collective bargaining, 290 

Colonial government, 13; in New Eng- 
land, 123; in Virginia, 124-125 

Commerce, Department of, 71, 270 

Commerce, interstate and intrastate, 
regulation of, 266-269; foreign, 269; 
government aids to, 269-270 

Commission government (municipal), 
138-139 

Commissions, state, 114, 277, 295 

Committees, of Congress, 46-47 

Common law, 119 

Conciliation, in labor disputes, 295 

Confederation, Articles of, 15 

Confucius, quoted, 3 n., 173 

Congress (of United States), general de- 
scription of, 38-43 ; sessions of, 44, 46; 
committees of, 46; powers of, 50-52 

Congress, Stamp Act, 14; First Conti- 
nental, 14; Second Continental, 16 

Congressional committees, 46-47 

Congressional Directory, 67 n. 

Congressional elections, 44 

Conservation movement, 380-381 

Constable, 129 

Constitution, defined, 8, 9 ; written and 
unwritten, 8, 9; British, 9 

Constitution (of state), 94-98 

Constitution (of the United States), 
drafting of, 19-20; signing and adop- 
tion of, 20; source and originality of, 
21-22; nature of, 22-23; infiuence of, 
in promoting union, 24; general de- 
scription of, 26-27; amendments to, 
27-28; supremacy of, 32-33; courts 
the guardians of, 33-36, 79 

Constitutional Convention (of 1787), 
16-20 

Constitutional government, defined, 
7-8 

Constitutional law, distinguished from 
statute law, 9-10 

Constitutional limitations, 29, 32, 106- 
107, llO-lll 

Constitutional system (the American), 
general description of, 26-32; funda- 



mentals of, 28-29; double scheme of 
government, 30-31; three depart- 
ments of government, 31-32 

Consular service, 421-422 

Continental Congress, First, 14; Sec- 
ond, 15 

Contracts, constitutional protection of, 
155-156 

Convention (of 1787), drafting of Con- 
stitution by, 16-20 

Conventions, of political parties, 175- 
176, 188; national, 189-190 

Copyrights, 75 

Coroner, 129-130 

Corporations (private), 270-271 

Corrupt practice acts, 191 

Council (municipal), 135-137 

County, defined, 127 

County boards, 128 

County courts, 131 

County government, in colonial Vir- 
ginia, 124-125; generally, 127-131 

County officers, 128-131 

County-Township system, 125-136 

Court of Claims, 83 

Court of Customs Appeals, 83 

Courts, federal, 80-84; state, 116-118; 
county, 131-132; municipal, 140-142; 
juvenile, 141; night, 142; domestic 
relations, 142; as guardians of con- 
stitutions, 33-36, 79 ; trial and appel- 
late, 116-118 

Crimes, 310-312 

Criminal proceedings, 158-164 

Criminals, punishment and treatment 
of, 160-161, 312-315 

Cuba, 395-396 

Currency, 237-248 

Customs, 227-230 

Customs Appeals, Court of, 83 

Danish West Indies, 397 

Deaf and dumb, care of, 318 

Defense, national, 398-405 

Democracy (Democratic government), 
defined, 5; real nature of, 1, 2 n., 194; 
first established in the United States, 
1, 407; forms of, 6-7; true form of, 
10; most difficult form of govern- 
ment, 11; progress of, 193-194; edu- 
cation and, 255-256 

Demonetization of silver, 240 

Departments, executive, federal, 67-71; 
state,. 112-1 14 

Departments, three departments of 
government, 31-32 

Dependencies, of the United Statps^ 
388-397 

Dependents, care of, 317-320 

Diplomatic service, 417-421 

Direct legislation, 197-201 

Direct primaries, 177-179 



INDEX 



459 



Direct taxes, 225-226 

Distribution of powers, between federal 
and state governments, 29, 30-32, 85, 
88-89 

District courts (federal), 80-81 

District of Columbia, governed by Con- 
gress, Const., Art. I, Sec. 8; Consti- 
tution in force in, 389 

Districts, judicial (federal), 79 

Divorce, foreign decrees of, 93 

Domestic violence, federal protection 
against, 90-91 

Double scheme of government, 30 

Draft acts, 401-402 

Dual citizenship, 23, 166 

Due process of law, 151-152 

Duties, customs, 227-230 

Economic conditions, change in, 212- 
214 

Education, Bureau of, 256 n. 

Education, Commissioner of, 70 n., 
256 n. 

Education, democracy and, 255; public, 
256-264, 344-345; university, 259; 
vocational, 260-264; agricultural, 
263-264; normal, 264 

Elections, congressional, 44; presiden- 
tial, 5&-58; generally, 171-lSl; mu- 
nicipal, 181 

Elective offices, multiplication of, 194- 
195 

Electoral system, of electing President, 
56 

Electric systems, municipal, 349-350 

Eminent domain, 156-157 

Employees, protection of, 295-296 

Employer's liability, 304 

Employers' associations, 290 

Employers' Liability Act, 305 

"Entangling alliances," 410 

Equal protection of the laws, 153-155, 
280 

Equity, 120 

Executive department, federal, 67-75; 
state, 112-115 

Executive power, defined, 31; federal, 
vested in President, 54; state, 112-115 

Exemptions from taxation, 234-236 

Ex post facto laws, 160-161 

Extradition, 93-94 

Factory legislation, 295-297 
Factory system, 212, 299 
Farm Loan Banks, 253-254 
Federal Board for Vocational Educa- 
tion, 73 
Federal courts, 80-84 
Federal government, 38-82 
Federal judicial power, 77 
Federal Reserve Board, 73, 252 
Federal Reserve System, 252-253 



Federal Trade Commission, 72. 268 

Federation, principle of, 21, 22 

Feeble-minded, care of, 318-320 

Finance, party, 190-191; national, 219- 
231; state and local, 231-2.33 

Fire, protection against, 334-336 

Food, insuring purity of, 310; supply of 
city, 339-340 

Foreign coins, 244 

Foreign relations, states have none, 91; 
of United States, 406-422 

Forests, 374-375 

Franklin, Benjamin, at Constitutional 
Convention, 18, 20; first postmaster- 
general, 288; quoted, 20. 311 

Freedom of speech and of the press, 
148-149 

*' Full faith and credit clause" of Con- 
stitution, 92 

Fundamentals, of American constitu- 
tional system, 28-29 

Garbage, disposal of, 336 

Gas, system, 349 

General property tax, 233 

General staff, of army, 69, 403 

"General welfare," 51 

Gold standard, 238-241 

Govern, defined, 3 

Government, importance of, 2-3; de- 
fined, 4; forms of, 5-6; constitutional, 
7-9; best form of, 11; colonial, 12-13; 
revolutionary, 15; popular control in, 
193-206; invisible, 196; irresponsible, 
107; functions of, 208-210; cost of. 
219-224 

Government, of United States, general 
description of, 28-32; federal, 38-84; 
state, 85-120; local, 121-126; county, 
127-131; municipal, 132-142 

Governor, of state, 112-113 

Grand jury, 162 

Greenbacks, 245 

Gresham's law, 239 

Guam, 396 

Habeas corpus. 157-158 

Habeas Corpus Act (English). 9 

Hague Conferences and Court. 415-416 

Hamilton. Alexander, at Constitutional 
Convention, 18; quoted, 34, 266 

Hawaii, 390 

Health, public, 307-310, 337-339 

Highways, 275-276 

Hospitals, public, 339 

Hours of labor, 154, 300-301 

House of Representatives, organization, 
40-42; revenue bills must originate 
in. Const., Art. I, Sec. 7; impeach- 
ment proceedings instituted by, 63; 
relation to treaties, 417 

Housing problem, 340-344 



460 



INDEX 



Illiteracy, once general in Europe, 255; 
in United States, 255, 256; bar to ad- 
mission of immigrants, 362 

Immigration, 358-361 

Immigration, Bureau of. 71 

Immigration laws, 361-363 

Impeachment, of federal officers, 51, 
63-64 

Implied powers, of Congress, 51-52 

Inauguration, of Washington, 20; of 
President, 58 

Income tax, 228 

Independent voter, 177, 184 

Indian Affairs, Commissioner of, 70, 367 

Indians, 366-367 

Indictment, 162-163 

Individual, dependence of, upon com- 
munity, 213-214; government regu- 
lation of conduct of , 214-216; support 
of, by government, 216-217 

Individualism, early, in United States, 
210-211; passing of, 212 

Individualistic theory, of government, 
209 

Industrial accidents, 302-305 

Industrial revolution, 212 

Industrial warfare, 291-295 

Initiative and referendum. 197-201 

Injunction, use of, in labor disputes, 273, 
293 

Insane, care of, 318-319 

Insular Affairs, Bureau of, 69 

Insular possessions, 390-397 

Insurance, regulation of, 274 

Insurrection, suppression of, 404-405 

Interior, Department of, 70 

Internal revenue, 227-228 

International Justice, Court of, 416 n. 

International law, 406-407 

Interstate Commerce Commission, 72, 
268 

Interstate commerce, regulation of, 
266-269 

Interstate relations, 92-94 

Invasion, repelling, 89-90, 404-405 

Investors, protection to, 274-275 

Invisible government, 196-197 

Irresponsible government, 197 

Irrigation, 385-386 

Jails, 313 

Japanese, in United States, 364-365 ; in 
Hawaii, 391 

Jefferson, Thomas, constitutional the- 
ory of, 23; presidential messages of, 
65; and modern paternalism, 214; 
suggested coinage system, 243 ; on en- 
tangling foreign alliances, 410 

Judge-made law, 119 

Judges, federal, 78-79 

Judicial power, defined, 31-32; federal, 
77 



Jury, trial by, 118. 158-159, 162; petty, 

158; grand, 162 
Justice, Department of, 69-70 
Justices of the peace, 129 
Juvenile courts, 141 

Kansas Court of Industrial Relations, 

295 
Kentucky Resolutions, 23 



Labor, defined, 285; relations of, with 
capital, 287-289; of children. 297- 
298; of women. 299-300; hours of, 
300-301 

Labor, Department of, 71 

Labor unions, 289-290 

Laissez-faire doctrine, 209 

Land, as natural resource, 369-371 

Lands, public, 371-374 

Law, defined, 118; administered by 
courts, 119-120; written and unwrit- 
ten, 119 

Law and order, maintenance of, 307 

Laws, enactment of, by Congress, 49- 
50; by state legislature, 102-103 

Legal tender, 245-246 

Legislative power, defined, 31; federal, 
vested in Congress, 38; of Congress, 
50-51; of the President, 64-65; of the 
states, 109-110; of municipal council, 
137; restraints on, 32, 96, 106-107. 
110-111, and full treatment in Chap- 
ter XV 

Legislative reference departments. 103- 
104 

Legislature (state), described, 101-102; 
restrictions on, 106-107; inefficiency 
of, 108-109; powers of, 109-110 

Liberia, 365 

Liberty, defined, 152-153 

Libraries, public, 264-265 

Library of Congress, 75 

Lighting, municipal, 349-350 

Limitations, constitutional, 29, 32, lOG- 
107, 110-111 

Liquor problem, 320-323 

Living wage. 301-302 

Lobbying. 104-106 

Local government, generally, 121 ; types 
of, 122; in New England, 123-124; in 
Virginia, 124; mixed system of, 125- 
126 

Local option. 321 

Lockouts, 293 

Lotteries, suppressed by Congress, 268 

Machine, political, 177 

Madison, James, at the Constitutional 

Convention, 18; quoted, 18. 33, 34 
Magna Charta, 9, 13, 151, 159 
Majority, rule of, 10-11 



INDEX 



461 



Manager, city, 139-140 

Marino corps, 404 

Markets, cit.v, 340 

Marshall. .lolin, influence .as Chief .Tus- 
tice, 24, 1S7; (luotcd, 2<i, 34, 52, 1(>1, 
38S; declares statutes unconstitu- 
tional, 3(i 

Mayor, office of, 137-138 

Message, presidential, 64-6.5 

Military Academy (West Point), 69 

Military service, 401-402 

Militia, 404-40.5 

Milk inspection, 339-340 

Mineral resources, 37.5-377 

Minimnm wage, 301-302 

Mints, United States. 242-243 

Monarchy, defined, 5 

Money, in full, 237-248 

Monometallism, 238-239 

Monopolies, 271-273 

Monroe doctrine, 411-414 

Municipal corporation, defined, 132; 
charter of, 134; control of, by legisla- 
ture, 134 

Municipal courts, 140-141 

Municipal finance, 231-232 

Municipal functions and activities, 
325-357 

^Municipal government, forms of, 136; 
mayor-council plan of, 136-138; 
commission form of. 138-139; city- 
manager plan of, 139-140 

Mimicipal politics and elections, 181 

Narcotics, regulating use of, 323 n. 

Nation, defined, 4; United States is a. 
24, 85 

National banks, 250-251 

National committee, of political party, 
188 

National convention, of political party, 
189-190 

National defense, 398-405 

National forces, 401-402 

National forests, 375 

National monuments, 378 

National parks, 378-380 

National resources, 369-386 

Nationality, development of, 23-24 

Naturalization, 167-169 

Naturalization, Bureau of, 71, 167 

Naval Academy, 70 

Navy, Department, 70 

Navy, the, 403 

" Necessary and proper clause " of Con- 
stitution, 51-52 

Negroes, 364-365; separate accommo- 
dations for, 154, 280 

New England, local government in, 
123-124 

Nobility, titles of, 144 



Nominations, 173-179; presidential, 56, 

189-190 
Normal schools, 264 
Northwest Territory, 387 
Nullification, 22 

Officers, of Senate, 39-40; of House of 
Representatives, 41 ; federal, appoint- 
ment of, 61-62; term of, 62; removal 
of, 63-64; state, 112-114; county,' 
128-131; municipal, 137-138; nomi- 
nation and election of, 173-182 

Oil resources, 377 

Oligarchy, defined, 5; machine rule is, 
196 

Open shoj), 292 

Opinion, public, 204 

Ordinances, municipal, 1.37 

Organized territories, 388; Constitution 
in force in. 3S9 

Outlaws of commerce. 268 

Panama Canal and Zone, 393-395 

Paper money, 244-245 

Parcels post, 282 

Pardons, by President, 59; by governor, 
etc., 113 

Parish, in colonial Virginia, 125 

Parks, city, 352-354; national. 378-380 

Parties, political, in full, 183-191 

Patent Office, 70 

Patents, 70 " , 

Patronage, u.se of, for political purposes, 
61 

Peace Conferences, 415-410 

Pensions, 219 

People, defined, 4; of the United States, 
358-367 

Petition, right of, 149 

Philippine Islands. .391-392 

Plant Industry. Bureau of, 71, 382 

Plant pests. 383-385 

Playgrounds, mimicipal, 354 

Pocket veto. 50 

Police power, defined, 110; of state, 110; 
not granted to Congress, 230 n. ; in- 
direct exercise of, by Congress, 230 n., 
268 

Police protection, in cities, 333-334 

Political animal, man a, 4 

Political liberty, 152 

Political parties, in general, 183-184; 
functions of, 184-185; formation and 
continuation of, 185-186; In United 
States, 187-188; organization and 
machinery of, 188-189; conventions, 
189-190; finances of, 190-191 

Political science, defined, 4 

Poll tax, federal, 226; state, 233 

Pools, swimming, 345, 353-354 

Poor, relief of, 315-317 



462 



INDEX 



Popular eontrol, in governinent, in full, 
193-206 

Porto Rico, 392-393 

Posse comitatus, 129 

Postal savings banks, 253, 282 

Postal service, 280-283 

Postmasters, 283 

Post-Oflfice Department, 70 

Poverty, problem of, 315-317 

Powers, governmental, distribution of, 
between federal and state govern- 
ments, 29, 30-31, 85, 88-89; see Ex- 
ecutive power. Judicial power. Legis- 
lative power 

Preamble, to federal Constitution, 26; 
quoted, 208; to state constitutions, 
95 

Presidency, succession to, 65-66 

President, of the United States, gener- 
ally, 54; term of ofHce, re-election, 55; 
nomination and election of, 56-58, 
189-190; Cabinet of, 58-59; powers 
and duties of, 59-61; appointments 
by, 61-62; removals by, 63; impeach- 
ment of, 63-64; legislative power of, 
64-65; message of, 64-65; command- 
er-in-chief of army and navy, 59, 61, 
400, 402^; application of Monroe Doc- 
trine by, 413; treaty-making power 
of, 416-417; appointment, reception, 
etc. , of diplomatic representatives by, 
419-421 

Press, freedom of, 148 

Primaries, direct, 177-179 

jfrimary meeting, 175-177 

Prisons and penal institutions, 313-315 

Production, large scale, 272 ; factors of, 
285-286 

Prohibition, state, 321-322; national, 
322-323 

Property, protection of, 143, 153, 156 

Protective tariff, 228-229 

Public baths, 343 

Public domain, 371-372 

Public finance, in full, 219-336 

Public health, 307-310, 337-339 

Public Health Service, 68, 308 

Public lands, 371-372 

Public laxmdries, 344 

Public markets, 340 

Piiblic opinion, 204-206 

Public schools, 256-259, 344-345 

Public service commissions, 114, 277 

Public utilities, municipal, 345-352 

Punishment, cruel and unusual, forbid- 
den, 163-164; generally, 312-313 

Pure democracy, 6-7 

Pure food laws, 310, 339-340 

Races, represented in immigration, 358- 

359, 363-364 
Railroads, regulation of, 278, 280 



Railway Labor Board. 72, 268 

Ratio of representation, 41 

Recall, the, 201-202 

Reclamation work, 385-386 

Recorder, county, 130 

Recreation, in cities, 352-354 

Referendum, the, 199-201 

Reformatories, 314 

Registration of voters, 173 

Religion, establishment of, 145-148, 
235-236; in public schools, 258-259 

Religious liberty, 145-147 

Religious test, none required of officers, 
145 

Removals from office, federal, 63-64; 
state, 114 

Representative democracy, defined, 7 

Representative government, govern- 
ment of United States is, 29, 193; re- 
cent substitution of direct govern- 
ment for, 194 

Representatives, in Congress, 40-43 

Republic, defined, 6 

Republican form of government, 89-90 

Reserved powers, of states, 88 

Resolutions, in Congress, 47-49 

Resources, natural, 369-386 

Revenue, bills for raising, must origi- 
nate in House of Representatives, 
Const., Art. I, Sec. 7; see Public fi- 
nance 

Revolutionary government, 15 

Roads, 275-277 

Roosevelt, Theodore, quoted, 203, 414 

Root, Elihu, quoted, 28, 99 n 

Rural free delivery, 282 

Samoan Islands, 397 

Sanitation, in cities, 336-337 

School officers, 130-131 

Schools, public, 256-259, 344-345; vo- 
cational, 260-263; agricultural, 263; 
normal, 264; in cities, 344-345 

Searches and seizures, 150 

Secession, 22-23 

Selectmen, of town, 124 

Senate, of state, 101 

Senate, of United States, organization 
of, 38—40; action on appointments to 
office, 59, 62; "coiirtesy of the," 62; 
action on treaties, 416—417 

Senatorial courtesy, 62 

Sessions, of Congress, 44, 46; of state 
legislatures, 102 

Sewage disposal, 337 

Sheriff, county, 129 

Sherman Anti-Trust Act, 273 

Shipping Board, 73 

Short baUot, 202-204 

Slavery, abolished by Thirteenth 
Amendment, 27 

Smithsonian Institution, 75 



INDEX 



463 



Socialism, 209-210 

Socialistic theory of government, 2()'.» 

Soils, Bureau of, 71, 382 

Sovereign xovernment, 5; not suable 

without its consent, 83 
Sovereign powers, distribution of. ni 

United Stales, 29-31, 8.5 
Sovereignty. 5 
Speaker, of House of Repre.sentatives. 

41-43 
Speech, freedom of, 148-149 
Spoils system, 74 
Stamp Act Congress, 14 
State, defined, 4 
State, Department of, 68 
State banks. 251 
State boards and commissions, 114, 277, 

295 

State courts, 11&-120 

State executive departments, 112-115 

State finance, 231-232 

State legislature, 101-111 

State taxation, 232-236 

States, position of, in Union, 85 ; govern- 
ment of. in general. 85-86; political 
.self-sufficiency of, 86-87 ; dependence 
of federal government upon. 87-88; 
political equality of, 88; reserved 
powers of, 88-89; federal guaranties 
t^ 89-91 ; relations with other states, 
92-94; constitutions of, 94-99; leg- 
islatures of, 101-111; federal limita^ 
tions on power of, 110; executive de- 
partments of, 112-115; courts of, 
110-118 

States' rights theory, 22-23 

Statutes, drafting of, 103-104; enact- 
ment of, 49-50, 102-103 

Street railways, 350-351 

Streets, city, 332-333 

Strikes, industrial, 291-295 

Succession, presidential, 65-66 

Suffrage, 171-173 

Sunday laws, 147-148 

Supervisors, county, 128 

Supreme Court, of United States, a-s in- 
terpreter of Constitution, 23 ; and un- 
constitutional legislation, 36; general 
description of, 82 

Tariff acts, 228-229 

Tariff Commission, 73 

Taxation, generally, 224-225; federal, 
224-230; Stat*, 232-233; subjects of, 
cxemption.s. 233-236; county, 128, 
130; municipal, 137 

Telephone sy-stems. 351-352 

Temperance movement. 320-321 

Tenement houses. 341-343 

Term of office, of President. 55; of fed- 
eral officers. 62; of governor, 112 

Territories, 387-391 



Town government, in New England, 
12.3-124 

Townships, 121, 126, 127 

Trade agreements, 290 

Trade union. 290 

Transportation, improvement in. 212; 
development and regulation of. 275- 
280; problem of, in cities. 350-351 

Treason, 161 

Treasury, Department of, 68 

Treaties, 416-417 

Trial courts, 117-118 

Trusts and monopolies, 271-273 

Tuberculosis, campaign against. 310 

Unconstitutional legislation. Invalidity 
of, 32-33; function and duty of the 
courts in respect to, 29, 33-35, 79 

Unfair lists, 294 

Union, beginnings of, in America, 14; 
theories of federal, 22; causes promot- 
ing, 23-24; permanence of federal, 23 

Unions, labor, 289-290 

United States, why a great nation. 1-2; 
people of. are one nation. 23-24. 85; 
fundamentals of government of, 28- 
29; dual citizenship in. 23, 166; people 
of. 358-367; natural resources of. 
369-386; foreign relations of, 406- 
422 

Universities, 259 

Unwritten amendments to Constitu- 
tion, 9, 28 

Urban population, growth of, 132-133 

Utilities, public, 344-352 

Veto power, of President, 49-50, 64; of 
governor, 103 

Vice-President, as president of Senate, 
39-40; succession to Presidency, 65- 
66; nomination of, 190; election of, 
56-58; as member of Cabinet, 65 

Vocational Education, Federal Board 
for, 73 

Vocational training, 260-264 

Voters, qualifications of, 172-173; apa- 
thy of, 171, 176 

Voting, 179-181 

Wages, defined, 288; legislation respect- 
ing, 301-302 

War, Department, 69 

War, financial cost of, 221; powers of 
Congress in respect to, 399^00; dec- 
laration of, 400 

Washington, George, with Alexandria 
commissioners, 16; at Constitutional 
Convention, 18-19; first President, 
20; quoted, 19, 33, 410 

Wastes, disposal of, in cities. 336-337 

Water power, 377-378 



464 INDEX 

Water supply, in cities, 346-349 Workmen's Compensation Acts 304- 

Weather Bureau, 269-270 305 

Webster, Daniel, on secession, 23 n. World politics. United States and 407- 

Wilson, Woodrow, quoted, 33, 195-196, 409 

^„^^^ , World War, agencies. 72 n,; cost of, to 

Women workers, protection of, 299-300 United States, 221-222 



